When the Office of Law Guardian declined to pay respondent's voucher because a finding of indigency was never made, nor could have been, the same court reconsidered its prior ruling of May 1995, and made a discretionary award of $35,000 to respondent, to be paid equally by the parties. On appeal, defendant contends that respondent's fee should be limited to the statutory rate, and that Judiciary Law § 35 (3) does not permit an increased fee award. Defendant's challenge...
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