SUPREME COURT: COUNTY OF CHAUTAUQUA

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KATHLEEN A. BOGEY,

Plaintiff,

vs Index No. H-08217

TIMOTHY D. BOGEY,

Defendant.

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G. JEFFERY WEISE, ESQ.

Attorney for Plaintiff

JAMES E. WESTMAN, ESQ.

Attorney for Defendant

DECISION AND ORDER

GERACE, J.

This matter comes before the Court in response to

Mr. Westman's letter of January 22, 1996 asking for

default. After reviewing the file, it appears that

Mr. Weise did in fact submit the documents requested by the

November 7, 1994 Court Order to the Court on April 27,

1995. However, he must have failed to copy Mr. Westman

which he certainly should have done.

At the time of the motion, all matters were resolved

except for attorney fees. Therefore the only relief that

could possibly be granted at this point would be to finally

settle the attorney fee issue. Mr. Weise advises that he

had no retainer agreement with Mrs. Bogey. One was not

required since it appears he entered into representation of

Mrs. Bogey just prior to the new rules going into effect.

He did not provide any income information for the parties

in his April submission except a general allegation that

Mrs. Bogey was "relatively" indigent.

Certainly neither attorney has been diligent in

following up on this issue. The Court notes that the Order

also provided that Mr. Westman was to furnish the Court

with certain information. A letter was received from

Mr. Westman dated April 28, 1995 stating that he had been

trying to get Mr. Bogey into the office and that he would

be responding to the Court's request by May 20, 1995. This

was not done, and nothing further was ever heard from

Mr. Westman until the January letter.

Mr. Bogey has paid about $575 to Mr. Weise. While

Mr. Weise may have been entitled to additional sums, he

failed to copy his submissions to the Court to opposing

counsel. He failed to provide any financial information

that would aid the Court in making a determination on fees.

Nor was a 236b affidavit supplied as required on counsel

fee applications.

It is the Decision and Order of this Court that no

additional fees from Mr. Bogey are owing to Mr. Weise. The

plaintiff's request for costs, disbursements and counsel

fees is denied.

The signing, filing, and mailing of a copy by the

Court of this Decision and Order to all Counsel shall not

constitute notice of entry required by CPLR 2220. Counsel

are not relieved from the applicable provisions of the

section respecting notice of entry.

THIS IS THE DECISION AND ORDER OF THIS COURT.

Dated: February , 1996

Mayville, New York

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JOSEPH GERACE

Supreme Court Justice

To all Counsel:

Please take notice that a DECISION and ORDER of

which the within is a copy, was duly granted in the above

entitled action on the day of , 1996, and

filed by the Court in the Office of the Clerk of the County

of Chautauqua on the same date.