O'SHEA v. O'SHEA


93 N.Y.2d 187 (1999)

711 N.E.2d 193

689 N.Y.S.2d 8

ALEXANDRA S. O'SHEA, Appellant, v. THOMAS M. O'SHEA, Respondent.

Court of Appeals of the State of New York.

Decided April 29, 1999.


Attorney(s) appearing for the Case

Koopersmith & Brown, L. L. P., Lake Success (Kenneth Koopersmith, Glenn Koopersmith and Amy Lesserson Brown of counsel), for appellant.

Stephen Gassman, Garden City, and Richard J. Keidel for respondent.

Kenneth David Burrows, New York City, Stacy Grossman, Stanley Plesent, Cynthia Cornaire, Arnold Davis, Elliot Scheinberg and Terri Weiss for New York Chapter of the American Academy of Matrimonial Lawyers, amicus curiae.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.


OPINION OF THE COURT

ROSENBLATT, J.

In making its award for counsel fees in this divorce action, the trial court included amounts for legal services that were rendered before the action was commenced, and for those rendered in connection with a counsel fee hearing. The question before us is whether the court had discretion to do so. We hold that it did.

After having been married for over 25 years the parties sought to dissolve their marriage. Ultimately...

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