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FRANKEL v. FRANKEL

309 A.D.2d 65 (2003)

764 N.Y.S.2d 135

PERRY FRANKEL, Appellant, v. KARYN FRANKEL, Defendant. SCHLISSEL, OSTROW, KARABATOS, POEPPLEIN & TAUB, PLLC, Nonparty Respondent.

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

September 8, 2003.

Attorney(s) appearing for the Case

Alexander Potruch, P.C., Mineola (Michael C. Daab of counsel), for appellant.

Schlissel, Ostrow, Karabatos, Poepplein & Taub, PLLC, Mineola (Stephen W. Schlissel and Michael J. Ostrow of counsel; Thelma L. Weil on the brief), nonparty-respondent pro se.

FLORIO and FEUERSTEIN, JJ., concur with H. MILLER, J.; ALTMAN, J., and PRUDENTI, P.J., dissent and vote to grant leave to appeal and to affirm the order in a separate opinion by ALTMAN, J.

OPINION OF THE COURT

H. MILLER, J.

In this case we are asked to decide whether former counsel for a spouse in a matrimonial action may apply in their own name within that action, against the adversary spouse, for fees for legal services previously rendered.

The facts, as relevant to this appeal, are as follows. Among other things, former counsel represented the wife through over 30 days of the child custody phase of the parties' trial. On March 12...

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