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MATTER OF BERNADETTE R. v. ANTHONY V.L.

Docket No. F-08291-06/17D. Appeal No. 15913-15913A. Case Nos. 2020-04624, 2022-00090.

205 A.D.3d 490 (2022)

169 N.Y.S.3d 32

2022 NY Slip Op 03087

In the Matter of Bernadette R., Respondent, v. Anthony V.L., Appellant.

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

Decided May 10, 2022.

Attorney(s) appearing for the Case

Law Offices of Lauren N. Mallin, New York (Lauren N. Mallin of counsel), for appellant.

Blank Rome LLP, New York (Brett S. Ward of counsel), for respondent.

Concur—Renwick, J.P., Mazzarelli, Gesmer, González, JJ.

Family Court properly concluded that the submission of the retainer agreement with petitioner mother's reply papers was not fatal to her motion for counsel fees, since the Family Court Act is clear that an award of the counsel fees is mandatory, not discretionary (Family Ct Act §§ 454[3]; 438[b]; see Matter of Monique B. v Anthony S., 163 A.D.3d 404, 405 [1st Dept 2018]; Brantly v Brantly, 89 A.D...

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