IN THE MATTER OF BAKER v. BAKER-KELLY


19 A.D.3d 1033 (2005)

796 N.Y.S.2d 472

In the Matter of DUANE C. BAKER, Appellant, v. DONNA L. BAKER-KELLY, Respondent.

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

June 10, 2005.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the matter is remitted to Family Court, Onondaga County, for a hearing on counsel fees.

Memorandum:

Petitioner appeals from an order directing him to pay respondent's counsel fees in the amount of $1,400. There was no stipulation between the parties that the disputed issue of counsel fees could be determined without an evidentiary...

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