Supreme Court, Appellate Division, Second Department, New York.
In the Matter of Alvin OLESH, Appellant,
v.
Ronni AUERBACH, etc., Respondent.  (and other related proceedings)
May 6, 1996.
 Child support action was brought.   The Family Court, Nassau County, Koenig, 
J., awarded child support arrears and counsel fees to mother, and father 
appealed.   The Supreme Court, Appellate Division, held that:  (1) terms of 
parties' stipulation, as well as Family Court Act, permitted mother to seek 
award of counsel fees in child support proceedings since father failed to make 
the agreed upon payment of $100,000 to settle all past and future child support 
obligations, and (2) trial court improvidently exercised its discretion in 
awarding mother $58,787.99 in attorney fees.
 Modified, and as modified, affirmed.
West Headnotes
[1] Child Support  603
76Ek603 Most Cited Cases
(Formerly 285k3.3(9))
Terms of parties' stipulation, as well as Family Court Act, permitted mother to 
seek award of counsel fees in child support proceedings since father failed to 
make the agreed upon payment of $100,000 to mother to settle all past and future 
child support obligations.  McKinney's Family Court Act §  438(a).
[2] Divorce  225
134k225 Most Cited Cases
[2] Divorce  226
134k226 Most Cited Cases
Award of reasonable attorney fees is a matter within sound discretion of the 
trial court and factors to be considered include parties' ability to pay, nature 
and extent of the services rendered, complexity of the issues involved, and 
attorney's experience, ability, and reputation.
[3] Child Support  603
76Ek603 Most Cited Cases
(Formerly 285k3.3(9))
Trial court improvidently exercised its discretion in awarding mother attorney 
fees in the amount of $58,787.99 in child support proceedings;  trial court 
awarded mother the entire amount requested by her attorneys without indicating 
that it had considered the relevant factors for determining reasonable attorney 
fee award and court awarded counsel fees in connection with matters other than 
the proceeding at bar for enforcement of child support.
 **66 Dominic A. Barbara, Garden City (Maxine Last of counsel), for appellant.
 Kirschenbaum & Kirschenbaum, P.C., Garden City (Samuel Kirschenbaum of 
counsel), for respondent.
 Before MILLER, J.P., and O'BRIEN, COPERTINO and PIZZUTO, JJ.
 MEMORANDUM BY THE COURT.
 *406 In related proceedings, inter alia, for child support pursuant to Family 
Court Act article 4, the father appeals from a judgment of the Family Court, 
Nassau County (Koenig, J.), dated December 8, 1994, which, after a hearing, 
awarded child support arrears and counsel fees to the mother.   The father's 
notice of appeal from the order entered December 1, 1994, is deemed a premature 
notice of appeal from the judgment (see, CPLR 5520[c] ).
 ORDERED that the judgment is modified by deleting the provision thereof which 
awarded counsel fees to the mother in the amount of $58,787.99;  as so modified, 
the judgment is affirmed, with costs to the father, and the matter is remitted 
to the Family Court, Nassau County, for a hearing consistent herewith.
 Pursuant to the terms of the parties' stipulation in open court on November 29, 
1993, the father agreed, inter alia, to pay $100,000 to the mother by March 1, 
1994, to settle all past and future child support obligations.   The father 
failed to make this $100,000 payment, and the Family Court, after a hearing, 
awarded child support arrears to the mother in the amount of $60,000 and awarded 
her counsel fees in the amount of $58,787.99.
 [1] Contrary to the father's contention, we conclude that the terms of the 
parties' stipulation permitted the mother to seek an award of counsel fees in 
the child support proceedings at bar since he failed to make the agreed-upon 
payment of $100,000.   In addition, Family Court Act §  438(a) authorizes an 
award of counsel fees in proceedings for the support of children.
 [2][3] The award of reasonable counsel fees is a matter within the sound 
discretion of the trial court (see, DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879, 
524 N.Y.S.2d 176, 518 N.E.2d 1168;  Matter of Aronesty v. Aronesty, 202 A.D.2d 
240, 608 N.Y.S.2d 444;  *407 Shrauger v. Shrauger, 146 A.D.2d 955, 537 N.Y.S.2d 
84;  Sampson v. Glazer, 109 A.D.2d 831, 486 N.Y.S.2d 354).  The factors to be 
considered include the parties' ability to pay, the nature and extent of the 
services rendered, the complexity of the issues involved, and counsel's 
experience, ability, and reputation (see, Matter of Jurs v. Jurs, 191 A.D.2d 
564, 595 N.Y.S.2d 330;  Shrauger v.Shrauger, supra;  Sampson v. Glazer, supra ).   
We conclude that the court improvidently exercised its discretion in determining 
the amount of the counsel fee award.   The court awarded the mother the entire 
amount requested by her attorneys for their services since 1992 without 
indicating that it had considered the relevant factors.   Moreover, the record 
indicates that the court awarded counsel fees in connection with matters other 
than the Family Court proceedings at bar for the enforcement of child support.   
We therefore remit the matter for a new hearing.
 The father's remaining contentions are without merit.
642 N.Y.S.2d 65, 227 A.D.2d 406
END OF DOCUMENT
Supreme Court, Appellate Division, Second Department, New York.
In the Matter of Alvin OLESH, Appellant,v.Ronni AUERBACH, etc., Respondent.  (and other related proceedings)

May 6, 1996.

 Child support action was brought.   The Family Court, Nassau County, Koenig, J., awarded child support arrears and counsel fees to mother, and father appealed.   The Supreme Court, Appellate Division, held that:  (1) terms of parties' stipulation, as well as Family Court Act, permitted mother to seek award of counsel fees in child support proceedings since father failed to make the agreed upon payment of $100,000 to settle all past and future child support obligations, and (2) trial court improvidently exercised its discretion in awarding mother $58,787.99 in attorney fees.
 Modified, and as modified, affirmed.

West Headnotes
[1] Child Support  60376Ek603 Most Cited Cases (Formerly 285k3.3(9))
Terms of parties' stipulation, as well as Family Court Act, permitted mother to seek award of counsel fees in child support proceedings since father failed to make the agreed upon payment of $100,000 to mother to settle all past and future child support obligations.  McKinney's Family Court Act §  438(a).
[2] Divorce  225134k225 Most Cited Cases
[2] Divorce  226134k226 Most Cited Cases
Award of reasonable attorney fees is a matter within sound discretion of the trial court and factors to be considered include parties' ability to pay, nature and extent of the services rendered, complexity of the issues involved, and attorney's experience, ability, and reputation.
[3] Child Support  60376Ek603 Most Cited Cases (Formerly 285k3.3(9))
Trial court improvidently exercised its discretion in awarding mother attorney fees in the amount of $58,787.99 in child support proceedings;  trial court awarded mother the entire amount requested by her attorneys without indicating that it had considered the relevant factors for determining reasonable attorney fee award and court awarded counsel fees in connection with matters other than the proceeding at bar for enforcement of child support. **66 Dominic A. Barbara, Garden City (Maxine Last of counsel), for appellant.
 Kirschenbaum & Kirschenbaum, P.C., Garden City (Samuel Kirschenbaum of counsel), for respondent.

 Before MILLER, J.P., and O'BRIEN, COPERTINO and PIZZUTO, JJ.


 MEMORANDUM BY THE COURT.
 *406 In related proceedings, inter alia, for child support pursuant to Family Court Act article 4, the father appeals from a judgment of the Family Court, Nassau County (Koenig, J.), dated December 8, 1994, which, after a hearing, awarded child support arrears and counsel fees to the mother.   The father's notice of appeal from the order entered December 1, 1994, is deemed a premature notice of appeal from the judgment (see, CPLR 5520[c] ).
 ORDERED that the judgment is modified by deleting the provision thereof which awarded counsel fees to the mother in the amount of $58,787.99;  as so modified, the judgment is affirmed, with costs to the father, and the matter is remitted to the Family Court, Nassau County, for a hearing consistent herewith.
 Pursuant to the terms of the parties' stipulation in open court on November 29, 1993, the father agreed, inter alia, to pay $100,000 to the mother by March 1, 1994, to settle all past and future child support obligations.   The father failed to make this $100,000 payment, and the Family Court, after a hearing, awarded child support arrears to the mother in the amount of $60,000 and awarded her counsel fees in the amount of $58,787.99.
 [1] Contrary to the father's contention, we conclude that the terms of the parties' stipulation permitted the mother to seek an award of counsel fees in the child support proceedings at bar since he failed to make the agreed-upon payment of $100,000.   In addition, Family Court Act §  438(a) authorizes an award of counsel fees in proceedings for the support of children.
 [2][3] The award of reasonable counsel fees is a matter within the sound discretion of the trial court (see, DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879, 524 N.Y.S.2d 176, 518 N.E.2d 1168;  Matter of Aronesty v. Aronesty, 202 A.D.2d 240, 608 N.Y.S.2d 444;  *407 Shrauger v. Shrauger, 146 A.D.2d 955, 537 N.Y.S.2d 84;  Sampson v. Glazer, 109 A.D.2d 831, 486 N.Y.S.2d 354).  The factors to be considered include the parties' ability to pay, the nature and extent of the services rendered, the complexity of the issues involved, and counsel's experience, ability, and reputation (see, Matter of Jurs v. Jurs, 191 A.D.2d 564, 595 N.Y.S.2d 330;  Shrauger v.Shrauger, supra;  Sampson v. Glazer, supra ).   We conclude that the court improvidently exercised its discretion in determining the amount of the counsel fee award.   The court awarded the mother the entire amount requested by her attorneys for their services since 1992 without indicating that it had considered the relevant factors.   Moreover, the record indicates that the court awarded counsel fees in connection with matters other than the Family Court proceedings at bar for the enforcement of child support.   We therefore remit the matter for a new hearing.
 The father's remaining contentions are without merit.
642 N.Y.S.2d 65, 227 A.D.2d 406
END OF DOCUMENT