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KLEPP v. KLEPP

44 A.D.3d 625 (2007)

841 N.Y.S.2d 883

MARTON KLEPP, Appellant, v. ANITA KLEPP, Respondent.

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

Decided October 2, 2007.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, counsel fees were properly awardable not under Domestic Relations Law § 237 (c), as argued by the parties, but under Domestic Relations Law § 238 (see D'Anna v D'Anna, 17 A.D.3d 400, 402 [2005]). The amount of the award is a matter within the sound discretion of the trial court (see DeCabrera v Cabrera-Rosete,

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