MTR MARY E.C. v. DONALD S.


108 Misc.2d 950 (1981)

In the Matter of Mary E. C., Petitioner, v. Donald S., Respondent.

Family Court, New York County.

February 6, 1981


Attorney(s) appearing for the Case

H. Howard Friedman for petitioner. Sidney B. Schatkin for respondent.


MARA T. THORPE, J.

In this proceeding to enforce a prior order of the court directing respondent to contribute to the support of his out-of-wedlock child, petitioner has made a motion for counsel fees. The issues raised are (1) whether section 536 or section 438 of the Family Court Act is the controlling statute and (2) if section 536 governs, may a fee award be made despite petitioner's failure to establish her financial inability to pay her attorney...

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