Legal Opinion

Mitchell v. Mitchell

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

Decided November 21, 1994PublishedCited by 1 opinion

1Opinion of the Court

—In a proceeding pursuant to Family Court Act article 4 to enforce certain provisions of a resettled judgment of divorce, the appeal is from an order of the Family Court, Orange County (Slobod, J.), entered January 27, 1993, which awarded the petitioner counsel fees.

Ordered that the order is affirmed, with costs.

Contrary the the appellant’s contention, in this proceeding pursuant to Family Court Act article 4, the court had the authority to entertain the petitioner’s application for counsel fees under Family Court Act § 438, even though the petitioner subsequently caused a proceeding under…

2Cases cited2 opinions

  1. Murdock v. SettembriniNew York Court of Appeals · 1968
  2. Dannheim v. BabbittNew York City Family Court · 1965

3Cited by1 opinion

  1. Israel v. IsraelAppellate Division of the Supreme Court of the State of New York · 2000

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