Matter of Detouche v Shepherd
2007 NY Slip Op 06041 [42 AD3d 453]
July 10, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 12, 2007


In the Matter of Amelia C. Detouche, Appellant,
v
Duane A. Shepherd, Sr., Respondent.

—[*1] Steinberg, Fineo, Berger & Fischoff, P.C., Woodbury, N.Y. (Dana J. Finkelstein, LLC, of counsel), for appellant.

In a custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Nassau County (Phillips, Ct. Atty. Ref.), dated April 12, 2006, which denied her motion for an award of an attorney's fee.

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

The denial of an attorney's fee in the instant custody proceeding was a provident exercise of discretion based upon the circumstances of the case (see Matter of Pane v Pane, 26 AD3d 386 [2006]; cf. Matter of O'Shea v Parker, 16 AD3d 510 [2005]). Miller, J.P., Crane, Ritter and Lifson, JJ., concur.