Legal Opinion

Talty v. Talty

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

Decided August 23, 2011Published

1Opinion of the Court

Family Court Act § 438 (a) provides: “[i]n any proceeding under this article, including proceedings for support of a spouse and children, or for support of children only, or at any hearing to modify or enforce an order entered in that proceeding or a proceeding to modify a decree of divorce, separation, or annulment, including an appeal under article eleven, the court may allow counsel fees at any stage of the proceeding, to the attorney representing the spouse, former spouse or person on behalf of children.”

As we read the plain text of Family Court Act § 438 (a), the language “[i]n any…

2Cases cited4 opinions

  1. Cassieri v. CassieriAppellate Division of the Supreme Court of the State of New York · 1969
  2. Salvati v. SalvatiAppellate Division of the Supreme Court of the State of New York · 1997
  3. McGrath v. ParkerAppellate Division of the Supreme Court of the State of New York · 2007
  4. Label v. LabelAppellate Division of the Supreme Court of the State of New York · 2010

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