Castellano v. Ross

*1021Appeal from an order of the Family Court, Monroe County (Joan S. Kohout, J.), entered May 18, 2004 in a proceeding pursuant to Family Court Act article 4. The order denied petitioner’s motion and granted respondent’s application for attorney’s fees and disbursements.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted, the application is denied and the award of attorney’s fees and disbursements is vacated.

Memorandum: In this proceeding for modification of child support, Family Court erred in…