Roscini v. Roscini

This is an appeal from an order which, inter alia, denied appellant wife’s application for counsel fees. The legal issue before us requires us to determine whether the specific mandates of section 237 of the Domestic Relations Law preclude a post-separation award of counsel fees representing necessary legal expenses incurred by a wife in securing compliance with the terms of, and in defending an appeal from, a judgment of separation.

In December, 1971 the plaintiff wife commenced an action for legal separation against her husband. The final judgment of separation provided an award of counsel…