BRENNAN v. CALTABIANO

311340/17. Appeal No. 16309. Case No. 2022-01388.

208 A.D.3d 1128 (2022)

174 N.Y.S.3d 576

2022 NY Slip Op 05368

Erin Brennan, Respondent, v. Christopher Caltabiano, Appellant.

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

Decided September 29, 2022.


Attorney(s) appearing for the Case

Law Office of John Teufel, Kew Gardens ( John Teufel of counsel), for appellant.

Schwartz Sladkus Reich Greenberg Atlas LLP, New York ( Matthew C. Kesten of counsel), for respondent.

Concur—Acosta, P.J., Mazzarelli, Gesmer, González, Pitt, JJ.


Under the circumstances, the court did not improvidently exercise its discretion in granting the wife's application for attorney's fees since the record supports a finding that the husband's repeated violations of the custody stipulation necessitated the motion (Domestic Relations Law § 238). Although the court stated in its decision that "[i]t is uncontested that defendant has defaulted in complying with the Stipulation," that does not support defendant's claim that...

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