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MATTER OF SAWYER v. YUAN

2010-02829.

95 A.D.3d 1133 (2012)

943 N.Y.S.2d 903

2012 NY Slip Op 3847

In the Matter of STEPHEN SAWYER, Respondent, v. THERESA YUAN, Respondent. NANCY S. ERICKSON, Nonparty Appellant.

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

Decided May 15, 2012.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Family Court providently exercised its discretion in denying the motion for an award of counsel fees (see O'Brien v O'Brien, 66 N.Y.2d 576, 590 [1985]; Matter of Pane v Pane, 26 A.D.3d 386 [2006]). Considering the financial circumstances of both parties, and the circumstances of the case as a whole, the...

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