Berne v. Berne

OPINION OF THE COURT

Richard D. Rosenbloom, J.

In this proceeding, petitioner was awarded custody of the parties’ two young children and was directed to pay $6,000 to apply towards respondent’s counsel fees and disbursements. Following a period of visitation in August, 1979, respondent failed to return the children to petitioner and has not done so to date.

This is a motion by petitioner, pursuant to CPLR 5015 (subd [a], par 3), to be relieved from the order requiring him to pay counsel fees on the grounds of "fraud, misrepresentation or other misconduct of an adverse party”. Petitioner contends *881…