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DEJESUS v. DEJESUS

264 A.D.2d 436 (1999)

694 N.Y.S.2d 436

NANCY DEJESUS, Respondent, v. WILFRED DEJESUS, Appellant.

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

Decided August 16, 1999.

Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in awarding counsel fees to the plaintiff (see, Domestic Relations Law § 237 [a]). The award was properly based upon evidence establishing the defendant's financially-superior position (see, Kennedy v Kennedy, 128 A.D.2d 840).

Since the defendant failed to request a hearing on the plaintiff's...

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