General

Norma Bushorr, Respondent, v. Gregory J. Bushorr, Appellant

129 A.D.2d 989·New York Supreme Court, Appellate Division·1987·NY

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Opinion

Norma Bushorr, Respondent, v Gregory J. Bushorr, Appellant. [MAJORITY] Order unanimously affirmed with costs. Memorandum: Under the circumstances of this case, we cannot conclude that the trial court’s direction that defendant pay 62% of the total cost of plaintiffs counsel fees, expert fees and disbursements was an abuse of discretion. A further award to plaintiff for counsel fees generated by this appeal is not warranted and in the exercise of our discretion we deny the request (see, Gannon v Gannon, 116 AD2d 1030, 1032). (Appeal from order of Supreme Court, Monroe County, Wagner, J.— counsel fees.) Present—Dillon, P. J., Boomer, Green, Balio and Lawton, JJ.