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PATTERSON v. PATTERSON III

302 A.D.2d 507 (2003)

755 N.Y.S.2d 280

PATRICIA PATTERSON, Respondent, v. ROBERT A. PATTERSON III, Appellant.

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

Decided February 18, 2003.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing on the issue of an award of an attorney's fee, if any, to the plaintiff.

The Supreme Court erred in awarding the plaintiff an attorney's fee in the sum of $23,157.28 without first conducting an evidentiary hearing. Under the circumstances of this case, a hearing...

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