In Matter of D. M. v B. L. J., the Appellate Division, First Department, affirmed a New York County Family Court order that retained jurisdiction to consider the petitioner-mother’s application for appellate counsel fees, even after the underlying order of protection had expired. The decision reinforces the principle that Family Court maintains "ancillary jurisdiction" to resolve issues closely tied to its core functions—particularly those involving domestic violence and protective orders.
The respondent-father challenged the court’s authority to entertain the fee application, arguing that the expiration of the order of protection rendered the matter moot. However, the appellate court disagreed, citing established precedent that Family Court may continue to address related matters such as counsel fees when an appeal from the original order is still pending. The court emphasized that Family Court Act § 842(f) explicitly authorizes the award of attorney’s fees in connection with orders of protection, and that such authority extends to appellate proceedings when warranted.
The court also upheld the Family Court’s decision to refer the fee application to a full evidentiary hearing, noting that this was not an abuse of discretion. Given the potential consequences to the mother if the order of protection were overturned on appeal, the court found it appropriate to allow a thorough review of the reasonableness of her legal expenses.
Mother knows fees ....
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DECISION