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Tornheim v. Tornheim

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 2003
303 A.D.2d 400 (N.Y. App. Div. 2003)

Opinion

2002-04593

Submitted February 18, 2003.

March 3, 2003.

In an action for a divorce and ancillary relief, the plaintiff husband appeals from an order of the Supreme Court, Kings County (Yancey, J.), dated April 3, 2002, which, inter alia, granted that branch of the motion of the defendant wife which was to confirm in part a report of the same court (Marks, J.H.O.), dated December 3, 2001, which, after a hearing, recommended that she be awarded an attorney's fee of $25,000.

Ernest H. Hammer, New York, N.Y., for appellant.

Regosin, Edwards, Stone Feder, New York, N.Y. (Saul E. Feder of counsel), for respondent.

Before: GLORIA GOLDSTEIN, J.P., THOMAS A. ADAMS, SANDRA L. TOWNES, STEPHEN G. CRANE, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

A "report and recommendation of a Judicial Hearing Officer should be confirmed if the findings in the report are supported by the record" (Tai Wing Hong Importers v. King Realty Corp., 208 A.D.2d 710, 711). Here, the Judicial Hearing Officer found that, under the circumstances, the defendant was entitled to an attorney's fee in the sum of $25,000 (see Domestic Relations Law § 237[a]; DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879). Since this finding is supported by the record, the report was properly confirmed (cf. Rosenzweig v. Gomez, 295 A.D.2d 592).

The plaintiff's remaining contentions are without merit.

GOLDSTEIN, J.P., ADAMS, TOWNES and CRANE, JJ., concur.


Summaries of

Tornheim v. Tornheim

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 2003
303 A.D.2d 400 (N.Y. App. Div. 2003)
Case details for

Tornheim v. Tornheim

Case Details

Full title:URI TORNHEIM, appellant, v. DOREEN TORNHEIM, respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 3, 2003

Citations

303 A.D.2d 400 (N.Y. App. Div. 2003)
755 N.Y.S.2d 878