Joanne Anselmo Label, respondent, v. Stuart Label, appellant.

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

Joanne Anselmo Label, respondent, v. Stuart Label, appellant.

2009-09481 (Index No. 27872/04)

Decided: November 30, 2010

PETER B. SKELOS, J.P. JOSEPH COVELLO RUTH C. BALKIN SANDRA L. SGROI, JJ. Arnold B. Firestone, P.C., Hauppauge, N.Y. (Tina Marone-Tew of counsel), for appellant. The Sallah Law Firm, P.C., Holtsville, N.Y. (Patrick M. Kerr of counsel), for respondent.

Submitted-November 12, 2010

DECISION & ORDER

In an action for a divorce and ancillary relief, the defendant husband appeals from an order of the Supreme Court, Suffolk County (MacKenzie, J.), dated August 31, 2009, which, without a hearing, granted the plaintiff wife's motion for an award of an attorney's fee in connection with the husband's prior appeal from an order of the same court dated July 18, 2008, which had been determined by decision and order of this Court dated February 16, 2010 (Label v. Label, 70 AD3d 898).

ORDERED that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the plaintiff wife's motion for an award of an attorney's fee to defend against the prior appeal by the husband in this matrimonial action (see O'Shea v. O'Shea, 93 N.Y.2d 187, 190;  Bogannam v. Bogannam, 60 AD3d 985, 987;  Prichep v. Prichep, 52 AD3d 61, 65;  Garner v. Garner, 46 AD3d 1258, 1259;  Matter of Vitek v. Vitek, 170 A.D.2d 908, 910;  Delgado v. Delgado, 160 A.D.2d 385, 386;  Carlan v. Carlan, 112 A.D.2d 911).

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

ENTER:

Matthew G. Kiernan

Clerk of the Court

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