Ellington v Ellington
2014 NY Slip Op 06467 [120 AD3d 1604]
September 26, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 29, 2014


[*1]
 Tiffane Ellington, Appellant, v John Ellington, Respondent.

Athari & Associates, LLC, New Hartford (Mo J. Athari of counsel), for plaintiff-appellant.

Burgio, Kita, Curvin & Banker, Buffalo (Steven P. Curvin of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered October 7, 2013. The order, among other things, ordered plaintiff's counsel to pay defendant's counsel the sum of $4,000 as partial reimbursement for expenses for a neuropsychological examination scheduled by defendant, which plaintiff failed to attend.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Peradotto, Carni and Valentino, JJ.