Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Pfeiffer v. Byrne
Citations: 74 A.D.2d 791; 425 N.Y.S.2d 824; 1980 N.Y. App. Div. LEXIS 10517
Court: Appellate Division of the Supreme Court of the State of New York; March 17, 1980; New York; State Appellate Court
An order from the Family Court of New York County, dated May 15, 1979, modified a prior decision by granting the respondent’s counsel's motion to be relieved and awarding counsel fees of $3,000. However, the modification struck down the portion of the fee related to custody and visitation, as well as enforcement proceedings, and remanded the case for a hearing to determine appropriate counsel fees solely for child support and filiation matters. The litigation involved a contentious custody battle over an infant daughter born out of wedlock. An interim order from June 8, 1978, required the petitioner-appellant to provide support for the child and established the petitioner as the father. During the custody proceedings, the respondent mother absconded, and her location became unknown. The court's error was in issuing a composite award without a final order or judgment, as stipulated under Domestic Relations Law § 237(b), indicating that a partial award would have been more suitable according to Family Court Act §§ 438 and 536. Justices Birns, Bloom, and Ross concurred with the decision.