GRUPPUSO v. CARIDI

2007-10631, 2007-10632.

66 A.D.3d 838 (2009)

886 N.Y.S.2d 613

2009 NY Slip Op 7590

ANNETTE GRUPPUSO, Appellant-Respondent, v. JOANNE CARIDI et al., Respondents-Appellants.

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

Decided October 20, 2009.


Ordered that the appeal and cross-appeal from the order are dismissed; and it is further,

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

The appeal and cross appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 N.Y.2d 241, 248 [1976]). The issues raised on the appeal and cross appeal from the order are brought up for review and have been considered on the appeal and cross appeal from the judgment (see CPLR 5501 [a] [1]).

An award of an attorney's fee pursuant to Domestic Relations Law § 237 [a] is a matter within the sound discretion of the trial court, and the issue "is controlled by the equities and circumstances of each particular case" (Morrissey v Morrissey, 259 A.D.2d 472, 473 [1999]; see Prichep v Prichep, 52 A.D.3d 61, 64 [2008]; Timpone v Timpone, 28 A.D.3d 646 [2006]; Walker v Walker, 255 A.D.2d 375, 376 [1998]). In determining whether to award such a fee, the court should "review the financial circumstances of both parties together with all the other circumstances of the case, which may include the relative merit of the parties' positions" (DeCabrera v Cabrera-Rosete, 70 N.Y.2d 879, 881 [1987]; see Prichep v Prichep, 52 AD3d at 64; Ciampa v Ciampa, 47 A.D.3d 745, 748 [2008]). Here, contrary to the parties' contentions, the Supreme Court providently exercised its discretion in denying both the former wife's motion and the former husband's cross motion for an award of an attorney's fee.


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