Pelle v. Pelle

OPINION OF THE COURT

Lucille Polk Buell, J.

Attorney for petitioner, by affirmation of services dated March 21, 1980, seeks attorney’s fees in the amount of $825 *396for services rendered in proceedings for a violation of a support order of this court dated April 19, 1979.

Respondent opposes petitioner’s attorney’s application by letter dated March 31, 1980 from Jan Ira Gellis, Esq., which indicates respondent has retained the author as counsel for the purpose of responding to petitioner’s affirmation. Respondent argues that section 438 of the Family Court Act is unconstitutional in light of Orr v…