BAKER v. BAKER KELLY (2005)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Duane C. BAKER, Petitioner-Appellant, v. Donna L. BAKER-KELLY, Respondent-Respondent.

Decided: June 10, 2005

PRESENT: PIGOTT, JR., P.J., HURLBUTT, KEHOE, MARTOCHE, AND SMITH, JJ.

Alderman and Alderman, Syracuse (Richard B. Alderman of Counsel), for Petitioner-Appellant.

Petitioner appeals from an order directing him to pay respondent's counsel fees in the amount of $1,400. There was no stipulation between the parties that the disputed issue of counsel fees could be determined without an evidentiary hearing, and thus Family Court erred in awarding counsel fees to respondent without first conducting such a hearing (see Matter of Mina v. Weber, 309 A.D.2d 1252, 765 N.Y.S.2d 811; see also Domestic Relations Law § 237; Oswald v. Oswald, 154 A.D.2d 817, 819, 546 N.Y.S.2d 475; Price v. Price, 115 A.D.2d 530, 496 N.Y.S.2d 464). We therefore reverse the order and remit the matter to Family Court to conduct such a hearing.

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the matter is remitted to Family Court, Onondaga County, for a hearing on counsel fees.

MEMORANDUM:

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