IN RE: Alan Sajid (2010)

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

IN RE: Alan Sajid, respondent, v. Joann Berrios, appellant.

2010-02246 (Docket No. V-2481-08)

Decided: December 21, 2010

MARK C. DILLON, J.P. DANIEL D. ANGIOLILLO ARIEL E. BELEN SHERI S. ROMAN, JJ.

Law Offices of Sergio Villaverde, PLLC, New York, N.Y. (Brian L. Charles of counsel), for appellant. Alan Sajid, Newburgh, N.Y., respondent pro se.

Submitted-December 7, 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, Orange County (Woods, J.), dated January 4, 2010, which denied her motion for an award of counsel fees.

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

Contrary to the mother's contention, considering all the circumstances of ths case, the Family Court providently exercised its discretion in denying her motion for an award of counsel fees (see Matter of Gebaide v. Gebaide, 44 AD3d 662; see also Matter of Dalessandro v O'Brien, 248 A.D.2d 468).

DILLON, J.P., ANGIOLILLO, BELEN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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