A judge in Rochester has awarded counsel fees of $12,500 to a non-prevailing party in a matrimonial action, finding the “unique facts” of a lengthy and ongoing dispute warrant a departure from standard practice.
In the most recent of two lengthy opinions, both resulting from what Acting Supreme Court Justice Richard Dollinger (See Profile) viewed as vague rulings from an appellate panel, the judge said denying Carmen Lomaglio counsel fees would violate “this court’s ultimate sense of fairness.” But Dollinger stopped short of holding the former husband, Larry Lomaglio, in contempt.
