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SCHEER v. SCHEER

139 A.D.2d 502 (1988)

Carolyn J. Scheer, Respondent, v. Kenneth L. Scheer, Appellant

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

April 4, 1988

Ordered that the order is affirmed, with costs.

Inasmuch as the parties agreed to submit the matter of counsel fees to the court for resolution and the defendant, who is an attorney, failed to request an evidentiary hearing with respect to that issue at any time prior to the instant appeal, it was not an abuse of discretion to award counsel fees without first hearing testimony on that issue (see, Kandel v Kandel, 129 A.D.2d 617

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