IN RE: Heather Barcia (2011)

Submitted—November 17, 2011

DECISION & ORDER

In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Nassau County (Zimmerman, J.), dated November 16, 2010, which denied her motion pursuant to Family Court Act § 842(f) for an award of counsel fees in the sum of $5,413.50.

ORDERED that the order is affirmed, with costs.

Contrary to the petitioner's contention, the Family Court did not err in denying her motion pursuant to Family Court Act § 842(f) for an award of counsel fees in the sum of $5,413.50 on the ground that the respondent is the financially superior spouse (see Family Ct Act § 842[f];  see also Matter of Amy Cohen L. v Howard N.L., 222 A.D.2d 677, 677;  Merola v. Merola, 146 A.D.2d 611, 612;  Matter of Leffingwell v. Leffingwell, 86 A.D.2d 929, 930;  cf.  Domestic Relations Law § 237[a];  Domestic Relations Law § 237[b];  § 238;  Family Ct Act § 438[a];  §§ 536, 641;  Cohen v. Cohen, 73 AD3d 832, 834), or based on his failure to submit a statement of net worth and related papers as part of his opposition to the motion (cf.  22 NYCRR 202.16 [a], [k][2], [4];  Domestic Relations Law § 237[a], [b];  Domestic Relations Law § 236[A][2];  § 236[B][4][a] ).

DILLON, J.P., ENG, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court