BENEVENTINE v. BENEVENTINE


16 A.D.3d 194 (2005)

790 N.Y.S.2d 387

GERMANIA M. BENEVENTINE, Respondent, v. JOSEPH M. BENEVENTINE, Appellant.

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

March 10, 2005.


The motion court's denial of defendant's counsel fee application was a proper exercise of discretion, particularly in light of the disparity in the parties' respective financial positions and defendant's record of noncompliance in meeting his support obligations (see DeCabrera v Cabrera-Rosete, 70 N.Y.2d 879, 881 [1987]). While defendant complains that he has not been properly credited for the support payments he has made, we note...

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