MICHELLE MUNGOVAN PLAINTIFF APPELLANT v. DAVID MUNGOVAN DEFENDANT RESPONDENT (2016)

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum:  Plaintiff, as limited by her brief, appeals from that part of an order that denied her request for counsel fees in this postjudgment matrimonial proceeding.  Contrary to plaintiff's contention, considering all of the circumstances of this case, including the nature and extent of the services that were required to resolve the dispute and “ ‘the reasonableness of counsel's performance under the circumstances' “ (McArthur v. Bell, 201 A.D.2d 974, 974, lv dismissed 83 N.Y.2d 906, lv denied 85 N.Y.2d 809;  see generally DeCabrera v. Cabrera–Rosete, 70 N.Y.2d 879, 881), we conclude that Supreme Court did not abuse its discretion in denying plaintiff's request for counsel fees (see generally Wilson v. Wilson, 128 AD3d 1326, 1327).

Frances E. Cafarell

Clerk of the Court