SUPREME COURT: COUNTY OF CHAUTAUQUA
KATHLEEN A. BOGEY,
vs Index No. H-08217
TIMOTHY D. BOGEY,
G. JEFFERY WEISE, ESQ.
Attorney for Plaintiff
JAMES E. WESTMAN, ESQ.
Attorney for Defendant
DECISION AND ORDER
This matter comes before the Court in response to
Mr. Westman's letter of January 22, 1996 asking for
default. After reviewing the file, it appears that
Mr. Weise did in fact submit the documents requested by the
November 7, 1994 Court Order to the Court on April 27,
1995. However, he must have failed to copy Mr. Westman
which he certainly should have done.
At the time of the motion, all matters were resolved
except for attorney fees. Therefore the only relief that
could possibly be granted at this point would be to finally
settle the attorney fee issue. Mr. Weise advises that he
had no retainer agreement with Mrs. Bogey. One was not
required since it appears he entered into representation of
Mrs. Bogey just prior to the new rules going into effect.
He did not provide any income information for the parties
in his April submission except a general allegation that
Mrs. Bogey was "relatively" indigent.
Certainly neither attorney has been diligent in
following up on this issue. The Court notes that the Order
also provided that Mr. Westman was to furnish the Court
with certain information. A letter was received from
Mr. Westman dated April 28, 1995 stating that he had been
trying to get Mr. Bogey into the office and that he would
be responding to the Court's request by May 20, 1995. This
was not done, and nothing further was ever heard from
Mr. Westman until the January letter.
Mr. Bogey has paid about $575 to Mr. Weise. While
Mr. Weise may have been entitled to additional sums, he
failed to copy his submissions to the Court to opposing
counsel. He failed to provide any financial information
that would aid the Court in making a determination on fees.
Nor was a 236b affidavit supplied as required on counsel
It is the Decision and Order of this Court that no
additional fees from Mr. Bogey are owing to Mr. Weise. The
plaintiff's request for costs, disbursements and counsel
fees is denied.
The signing, filing, and mailing of a copy by the
Court of this Decision and Order to all Counsel shall not
constitute notice of entry required by CPLR 2220. Counsel
are not relieved from the applicable provisions of the
section respecting notice of entry.
THIS IS THE DECISION AND ORDER OF THIS COURT.
Dated: February , 1996
Mayville, New York
Supreme Court Justice
To all Counsel:
Please take notice that a DECISION and ORDER of
which the within is a copy, was duly granted in the above
entitled action on the day of , 1996, and
filed by the Court in the Office of the Clerk of the County
of Chautauqua on the same date.