Kelly v. Kelly

Miller, J. P.,

dissents in part with the following memorandum and votes to affirm the judgment insofar as it is appealed from. I dissent only insofar as my colleagues in the majority *627have voted to remit this matter to the Supreme Court, Westchester County, for a hearing on the plaintiffs application for counsel fees. Extensive evidence of the parties’ financial circumstances was presented during the course of the trial. While the defendant would ordinarily be entitled to an evidentiary hearing with regard to the value and extent of the services rendered by the plaintiffs counsel, he failed to…