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IN THE MATTER OF LEWIS v. REDHEAD

19 A.D.3d 495 (2005)

796 N.Y.S.2d 244

In the Matter of LISA LEWIS, Petitioner, v. FRANCIS A. REDHEAD, Respondent.

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

June 13, 2005.

Ordered that the order is affirmed, with costs.

The Hearing Examiner providently exercised his discretion in denying the petitioner's motion for an award of an attorney's fee where it was not shown that the parties were in disparate financial positions or that the respondent had prolonged the proceedings (see Domestic Relations Law § 237 [b]; Family Ct Act § 438 [a]; O'Shea v O'Shea, 93 N.Y.2d 187, 193 [1999...

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