Simmons v Simmons (2008 NY Slip Op 10283)

Simmons v Simmons

2008 NY Slip Op 10283 [57 AD3d 1401]

December 31, 2008

Appellate Division, Fourth Department

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

As corrected through Wednesday, February 11, 2009

C. Elvin Simmons, Appellant, v Nancy M. Simmons, Respondent. (Appeal No. 2.)

—[*1] Venzon Law Firm PC, Buffalo (Catharine M. Venzon of counsel), for plaintiff-appellant.

Palmer, Murphy & Tripi, Buffalo (Deanne M. Tripi of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered February 4, 2008 in a divorce action. The order, insofar as appealed from, awarded defendant counsel fees in the amount of $2,000 for postjudgment enforcement proceedings.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Simmons v Simmons (57 AD3d 1400 [2008]). Present—Scudder, P.J., Hurlbutt, Fahey, Peradotto and Pine, JJ.