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MATTER OF DALESSANDRO v. O'BRIEN

285 A.D.2d 592 (2001)

729 N.Y.S.2d 625

In the Matter of WILLIAM A. DALESSANDRO, Appellant, v. ALICE T. O'BRIEN, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided July 23, 2001.

Ordered that the order is reversed insofar as appealed from, with costs, and the matter is remitted to the Family Court, Nassau County, for a determination consistent herewith.

The award of an attorney's fee is a matter within the sound discretion of the trial court (see, Olesh v Auerbach, 227 A.D.2d 406). The factors to be considered when determining a reasonable attorney's fee include the petitioning party's ability to...

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