IN RE: Alyse Larkin (2010)

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

IN RE: Alyse Larkin, appellant, v. Caleb White, respondent. (Proceeding No. 1) In the Matter of Caleb White, respondent, v Alyse Larkin, appellant. (Proceeding No. 2)

2009-04924 (Docket Nos. V-9582-07, V-9760-07)

Decided: May 25, 2010

PETER B. SKELOS, J.P. JOSEPH COVELLO L. PRISCILLA HALL SANDRA L. SGROI, JJ.

Alyse Larkin, Merrick, N.Y., appellant pro se. Joan C. Salwen, Scarsdale, N.Y., for respondent.

Submitted-May 6, 2010

DECISION & ORDER

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Nassau County (Eisman, J.), dated April 14, 2009, which denied her motion for an award of an attorney's fee and costs.

ORDERED that the order is affirmed, without costs or disbursements.

Contrary to the mother's contentions, the Family Court providently exercised its discretion in denying her motion for an award of an attorney's fee and costs (see Domestic Relations Law § 237[b]; see generally DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879; Matter of O'Shea v. Parker, 16 AD3d 510, 511; Matter of O'Neil v. O'Neil, 193 A.D.2d 16, 20).

SKELOS, J.P., COVELLO, HALL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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