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MATTER OF DETOUCHE v. SHEPHERD, SR.

42 A.D.3d 453 (2007)

838 N.Y.S.2d 443

In the Matter of AMELIA C. DETOUCHE, Appellant, v. DUANE A. SHEPHERD, SR., Respondent.

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

Decided July 10, 2007.

Ordered that the order is affirmed, without costs or disbursements.

The denial of an attorney's fee in the instant custody proceeding was a provident exercise of discretion based upon the circumstances of the case (see Matter of Pane v Pane, 26 A.D.3d 386 [2006]; cf. Matter of O'Shea v Parker, 16 A.D.3d 510

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