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MATTER OF HERSCHBEIN v. HERSCHBEIN

308 A.D.2d 585 (2003)

764 N.Y.S.2d 874

In the Matter of MICHAEL HERSCHBEIN, Respondent, v. ALISSA HERSCHBEIN, Also Known as ALISSA COHEN, Appellant.

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

Decided September 29, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

The denial of the mother's application for an award of an attorney's fee was a provident exercise of discretion, taking into consideration the parties' positions and actions during the litigation (cf. DeCabrera v Cabrera-Rosete, 70 N.Y.2d 879, 881 [1987]; Walker v Walker, 255 A.D.2d 375

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