Edwards v. Edwards

Appeal from so much of an order of the Supreme Court at Special Term, entered July 23, 1980 in Albany County, as required defendant to pay plaintiff, within 30 days of service of the order with notice of entry, the sum of $750 as reimbursement of counsel fees already paid by plaintiff. The test adopted by this court in Matter of Frye v Truhn (68 AD2d 989, 990) was that “such an award of counsel fees can only be justified when it is neces*973sary to insure that an indigent wife has legal representation.” The present record contains no such proof. On the contrary, plaintiff herein has insured her…