Latona v. Latona

—Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Attorney’s fees should not be awarded without conducting a hearing or requiring proof by affidavit substantiating the attorney’s fees requested (see, Cooper v Cooper, 179 AD2d 1035; Kieffer v Kieffer, 163 AD2d 907, 908; Falcone v Falcone, 112 AD2d 796, 797). Defendant did not request a hearing. The parties refer to an attorney’s affidavit in their briefs, but such affidavit is not in the record. We,…