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MATTER OF KOBEL v. MARTELLI

112 A.D.2d 756 (1985)

In the Matter of Mary L. Kobel, Respondent, v. Gino Martelli, Appellant

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

July 12, 1985

Order unanimously reversed, on the law, without costs, and matter remitted to Erie County Family Court for a hearing, in accordance with the following memorandum:

While it was not an abuse of discretion to award counsel fees to petitioner based on the relative financial circumstances of the parties (see, Matter of Kwit v Kwit, 91 A.D.2d 1175), it was an abuse of discretion...

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