Legal Opinion

Melone v. Melone

Appellate Division of the Supreme Court of the State of New York

Decided September 3, 1985PublishedCited by 6 opinions

1Opinion of the Court

In a matrimonial action, the plaintiff husband appeals from so much of a judgment of the Supreme Court, Suffolk County (Underwood, J.), dated December 5, 1983, as awarded the defendant wife counsel fees in the amount of $7,500.

Judgment affirmed, insofar as appealed from, with costs.

Since the parties stipulated that "the application by the defendant [wife] for the payment of counsel fees * * * [would] be submitted to the Court for determination on affidavits” and they expressly "waive[d] any hearing to determine such counsel fees”, the trial court’s decision fixing fees without a hearing was…

2Cases cited2 opinions

  1. Sadofsky v. SadofskyAppellate Division of the Supreme Court of the State of New York · 1980
  2. Olsan v. OlsanAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by6 opinions

  1. Romano v. RomanoAppellate Division of the Supreme Court of the State of New York · 1987
  2. Reehill v. ReehillAppellate Division of the Supreme Court of the State of New York · 1992
  3. Romano v. RomanoAppellate Division of the Supreme Court of the State of New York · 1987
  4. Choy v. ChoyAppellate Division of the Supreme Court of the State of New York · 1988
  5. Wolfer v. WolferAppellate Division of the Supreme Court of the State of New York · 1991

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