Jeffreys v. Jeffreys

■ Hathan R. Sobel, J.

Plaintiff has commenced an action for divorce (Domestic Relations Law, § 170, subd. 2). She has obtained from this court an order permitting service of the summons by publication (CPLR 314, 315, 316).

Being obviously indigent, plaintiff has duly obtained an order of this court granting to her permission to proceed as a poor person (CPLR 1101, 1102). The “ poor persons ” statutes are applicable to matrimonial actions (Smith v. Smith, 2 N Y 2d 120). The statute, CPLR 1101, affords relief from “ costs, fees and expenses necessary to prosecute * * * the action”.

The legal fees…