Tanenbaum v. Caputo

In a proceeding pursuant to Family Court Act article 6, the father appeals, as limited by his brief, from so much of an order of the Family Court, Westchester County (Malone, J.), dated April 6, 2010, as denied his motion for an award of an attorney’s fee in the sum of $11,106.90.

Ordered that the order is affirmed insofar as appealed from, with costs.

“Where the parties have agreed to provisions in a settlement agreement which govern the award of attorney’s fees, the agreement’s provisions, rather than statutory provisions, control” (Matter of Berns v Halberstam, 46 AD3d 808, 809 [2007]; see…