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MATTER OF BALBER v. ZEALAND

350007/17. 8398. 8399N.

169 A.D.3d 500 (2019)

94 N.Y.S.3d 253

2019 NY Slip Op 01144

In the Matter of Scott Balber, Appellant, v. Elise Zealand, Respondent.

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

Decided February 14, 2019.

Supreme Court appropriately relied on Domestic Relations Law § 237 (b) in awarding the mother fees on her initial application, and could have relied on it again in its second award. The statute's plain language disproves appellant father's arguments about the statute's inapplicability to custody disputes between unmarried parents, as it contemplates a fee award to a "spouse" or "parent" in custody proceedings either arising...

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