Matter of Sajid v Berrios
2010 NY Slip Op 09517 [79 AD3d 1045]
December 21, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 16, 2011


In the Matter of Alan Sajid, Respondent,
v
Joann Berrios, Appellant.

—[*1] Law Offices of Sergio Villaverde, PLLC, New York, N.Y. (Brian L. Charles of counsel), for appellant.

Alan Sajid, Newburgh, N.Y., respondent pro se.

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Orange County (Woods, J.), dated January 4, 2010, which denied her motion for an award of counsel fees.

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

Contrary to the mother's contention, considering all the circumstances of this case, the Family Court providently exercised its discretion in denying her motion for an award of counsel fees (see Matter of Gebaide v Gebaide, 44 AD3d 662 [2007]; see also Matter of Dalessandro v O'Brien, 248 AD2d 468 [1998]). Dillon, J.P., Angiolillo, Belen and Roman, JJ., concur.