Kern v. Kern

This proceeding was brought by petitioner to modify a Supreme Court order providing for child support. On February 17, 1976, a hearing was held at which motions were argued and evidence was presented by petitioner. At the close of the hearing, respondent’s counsel requested and was granted a short adjournment to subpoena certain records and witnesses. On the adjourned date, the petition was withdrawn by petitioner and dismissed without *578prejudice. Counsel for both parties then requested an award of counsel fees against the opposing party.

Section 438 of the Family Court Act authorizes an…