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PHILSON v. PHILSON

74 A.D.2d 866 (1980)

Mary E. Philson, Respondent, v. Arthur Philson, Appellant

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

March 17, 1980

Order modified, on the law, by deleting the third decretal paragraph thereof. As so modified, order affirmed, with $50 costs and disbursements to plaintiff.

The award of a counsel fee in the instant matter was improper. Pursuant to section 237 of the Domestic Relations Law, a court is empowered to award counsel fees only in matrimonial actions (see Donnarumma v Donnarumma, 72 A.D.2d 545), and thus, on this application for...

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