Stanley v Hain (2007 NY Slip Op 02191)

Stanley v Hain

2007 NY Slip Op 02191 [38 AD3d 1210]

March 16, 2007

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 9, 2007

Jean M. Stanley, Respondent, v Scott D. Hain, Appellant. (Appeal No. 2.)

—[*1] Paul A. Vance, Buffalo, Nelson F. Zakia (James P. Renda of counsel), for defendant-appellant.

Pusatier, Sherman, Abbott & Sugarman, Kenmore (Steven R. Sugarman of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered May 19, 2006. The order granted in part plaintiff's applications for counsel fees.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by vacating the amount of counsel fees awarded and as modified the order is affirmed without costs, and the matter is remitted to Supreme Court, Erie County, for a hearing on the amount of counsel fees.

Same memorandum as in Stanley v Hain (38 AD3d 1205 [2007]). Present—Martoche, J.P., Smith, Centra, Lunn and Fahey, JJ.