MARREN v. MARREN (2004)

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

Maureen MARREN, Plaintiff-Respondent, v. Brian MARREN, Defendant-Appellant.

Decided: October 14, 2004

MAZZARELLI, J.P., SULLIVAN, FRIEDMAN, GONZALEZ, CATTERSON, JJ.

Elaine Rudnick Sheps, New York, for appellant. Maureen Marren, respondent pro se.

Corrected order, Supreme Court, New York County (Judith J. Gische, J.), entered on or about April 10, 2003, which, to the extent appealed from, awarded plaintiff $15,612 in counsel fees, unanimously affirmed, without costs.

The award of counsel fees was within the court's discretion (Domestic Relations Law § 237) where defendant had engaged in obstructionist tactics forcing plaintiff's counsel to withdraw. The fees in question were for services on the motion seeking post-judgment relief, and in a prior plenary action related to child support issues (see O'Shea v. O'Shea, 93 N.Y.2d 187, 689 N.Y.S.2d 8, 711 N.E.2d 193 [1999]; Avedon v. Avedon, 270 A.D.2d 65, 703 N.Y.S.2d 485 [2000], lv. dismissed 95 N.Y.2d 902, 716 N.Y.S.2d 642, 739 N.E.2d 1147 [2000] ).

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