MARCIA D. v. DONALD D.


85 Misc.2d 637 (1976)

In the Matter of Marcia D., Petitioner, v. Donald D., Respondent.

Family Court, New York County.

February 18, 1976


Attorney(s) appearing for the Case

Guston & Reiss, P.C. (Arthur D. Reiss of counsel), for petitioner. Brashich, Finley & Postel (Deyan Ranko Brashich of counsel), for respondent.


SHIRLEY WOHL KRAM, J.

Counsel for the petitioner has made an application to this court for counsel fees pursuant to section 438 of the Family Court Act. An affirmation in opposition to the award of counsel fees was submitted by counsel for respondent. He contends that section 438 violates the Fifth and Fourteenth Amendments to the Constitution of the United States since it denies male litigants due process of...

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