Vilca v. Kim

2022 NY Slip Op 00215

Raul Luis Vilca, respondent, v. Natalia Kim, appellant.

No. 2019-01265, Index No. 52367/16

Supreme Court of New York, Second Department

January 12, 2022

Natalia Kim, Brooklyn, NY, appellant pro se.

FRANCESCA E. CONNOLLY, J.P., CHERYL E. CHAMBERS, SYLVIA O HINDS-RADIX, ROBERT J. MILLER, JJ.

DECISION & ORDER

In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Kings County (Eric I. Prus, J.), dated November 27, 2018. The order, in effect, granted the defendant's motion for an award of attorneys' fees only to the extent of awarding her attorneys' fees in the sum of $5, 000.

ORDERED that the order is affirmed, without costs or disbursements.

The parties were married in 2011 and have no children together. The plaintiff commenced this action for a divorce and ancillary relief in May 2016. The defendant initially retained an attorney to represent her in this action, but she eventually terminated the representation and proceeded to trial pro se. The defendant also retained a different firm prior to the commencement of this action to pursue relief in the Family Court. After the trial in this action, the defendant moved for an award of attorneys' fees. In an order dated November 27, 2018, the Supreme Court, in effect granted the motion to the extent of awarding the defendant attorneys' fees in the sum of $5, 000. The defendant appeals.

"'The decision to award an attorney's fee in a matrimonial action lies, in the first instance, in the discretion of the trial court and then in the Appellate Division whose discretionary authority is as broad as that of the trial court'" (Weiss v Nelson, 196 A.D.3d 722 725, quoting Zehner v Zehner, 186 A.D.3d 784, 786 [internal quotation marks omitted]). "'In exercising [its] discretion, the court must consider the financial circumstances of ...