Matter of Jackson v Tompkins
2009 NY Slip Op 06551 [65 AD3d 1148]
September 15, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 4, 2009


In the Matter of Curtis James Jackson, Respondent,
v
Shaniqua Tompkins, Appellant.

—[*1] Raoul Felder and Partners, P.C., New York, N.Y. (Robert Hiltzik and Myrna Felder of counsel), for appellant.

Brett Kimmel, P.C., New York, N.Y., for respondent.

In a support proceeding pursuant to Family Court Act article 4, the mother appeals from an order of the Family Court, Suffolk County (Budd, J.), entered July 11, 2008, which denied her objections to an order of the same court (Fields, S.M.), dated May 1, 2008, denying her motion for an award of an attorney's fee.

Ordered that the order entered July 11, 2008, is affirmed, with costs.

Under the circumstances of this case, it was not an improvident exercise of the Family Court's discretion to deny the mother's motion for an award of an attorney's fee (see DeCabrera v Cabrera-Rosete, 70 NY2d 879 [1987]; Sevdinoglou v Sevdinoglou, 40 AD3d 959 [2007]; Sampson v Glazer, 109 AD2d 831 [1985]). Thus, her objections to the order dated May 1, 2008, were properly denied. Mastro, J.P., Santucci, Eng and Lott, JJ., concur.