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CLARK v. CLARK

17 A.D.3d 503 (2005)

792 N.Y.S.2d 878

JOSEPH CLARK, Appellant, v. ROSEANN CLARK, Defendant. DEBRA S. BERECK, Nonparty Respondent.

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

April 18, 2005.

The plaintiff commenced this action for a divorce and ancillary relief. When the case was called for trial on September 30, 2002, the plaintiff informed the Supreme Court that he could not go forward with the trial, and the Supreme Court dismissed the action. Bereck sought and was granted leave to apply for an award of an attorney's fee to be paid by the plaintiff. She then made a motion for an award of an attorney's fee in the sum of $9,150.68. Following a hearing, the Supreme...

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