Parties in a divorce case can challenge a claim for fees by a court-appointed attorney representing their children on grounds of malpractice, a unanimous state appeals panel ruled on Tuesday, though it rejected the particular challenge before it.
Appellate Division, First Department Justice David Saxe (See Profile), writing for a five-judge panel, held in Venecia V. v. August V., 305594/04, that the possibility that parties in divorces could assert frivolous malpractice claims to avoid paying fees does not warrant making court-appointed attorneys for children completely immune from such claims. Saxe was joined by Justices Luis Gonzalez (See Profile), Peter Tom (See Profile), Sallie Manzanet-Daniels (See Profile) and Judith Gische (See Profile).
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