Klepp v. Klepp

In a matrimonial action in which the parties were divorced by judgment dated March 29, 1972, the plaintiff former husband appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered January 4, 2006, which, in effect, granted that branch of the defendant former wife’s motion which was for an award of counsel fees.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, counsel fees were properly awardable not under Domestic Relations Law § 237 (c), as argued by the parties, but under Domestic Relations Law § 238 (see D’Anna v D'Anna, 17…