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GORDON v. LIPSHIE

18 A.D.2d 1066 (1963)

Lois (Lipshie) Gordon, Mother, on Behalf of Beth Lipshie and Another, Appellant, v. Norman W. Lipshie, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 23, 1963

Order, entered on February 25, 1963, denying an application for counsel fees pursuant to section 438 of the Family Court Act, unanimously affirmed, without costs.

The question presented is whether a former wife, who brought a proceeding for support solely on behalf of her children, may be allowed counsel fees under section 438. Absent statutory provision the Family Court has no jurisdiction to award counsel fees. (Cf. Loeb v. Loeb, 14 A.D.2d...

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