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MATTER OF McCULLOUGH v. FALARDEAU

184 A.D.2d 989 (1992)

In the Matter of Nancy D. McCullough, Respondent, v. Gregory L. Falardeau, Appellant

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

June 25, 1992

We reject respondent's contention that Family Court erred in directing him to pay petitioner's counsel fees. In support proceedings, the question of whether counsel fees should be awarded is within Family Court's discretion to decide (see, Family Ct Act § 438 [a]; Goldstein v Goldstein, 123 A.D.2d 739). Although respondent's argument focuses primarily on the parties' respective financial capabilities, the ability to pay...

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