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HOROWITZ v. HOROWITZ

63 A.D.3d 1001 (2009)

881 N.Y.S.2d 479

NATAN E. HOROWITZ, Appellant, v. STACEY HOROWITZ, Respondent.

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

Decided June 23, 2009.

Ordered that notice of appeal from so much of the order as, sua sponte, awarded the sum of $10,000 of the subject funds to the wife's attorney as an attorney's fee is treated as an application for leave to appeal from that portion of the order, and leave to appeal is granted (see CPLR 5701 [a] [2]; [c]); and it is further,

Ordered that the order is modified, on the facts and in the exercise of discretion, (1) by deleting the provision thereof, sua sponte, awarding...

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