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JOSE PICCININI, res, v. GABRIELA PICCININI,ap

JOSE PICCININI, res, v. GABRIELA PICCININI,ap —(INDEX NO. 27595/09) In an action for a divorce and ancillary relief, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Wood, J.), dated June 18, 2012, as, without a hearing, denied those branches of her motion which were for permission to relocate with the parties' children and for an award of counsel fees, and granted that branch of the plaintiff's cross motion which was for an award of counsel fees.

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JOSE PICCININI, res, v. GABRIELA PICCININI,ap —(INDEX NO. 27595/09) In an action for a divorce and ancillary relief, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Wood, J.), dated June 18, 2012, as, without a hearing, denied those branches of her motion which were for permission to relocate with the parties’ children and for an award of counsel fees, and granted that branch of the plaintiff’s cross motion which was for an award of counsel fees.

ORDERED that the order is reversed insofar as appealed from, on the law and the facts, with costs, the defendant’s motion for permission to relocate with the parties’ children is granted, that branch of the plaintiff’s cross motion which was for an award of counsel fees is denied, and the matter is remitted to the Supreme Court, Westchester County, for a hearing on that branch of the defendant’s motion which was for an award of counsel fees and, thereafter, a new determination of that branch of the defendant’s motion.

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