| Meltzer v Meltzer |
| 2009 NY Slip Op 04398 [63 AD3d 702] |
| June 2, 2009 |
| Appellate Division, Second Department |
| Pamela Meltzer, Respondent, v Stuart Meltzer,Appellant. |
—[*1] Karen G. Brand, P.C., Manhasset, N.Y., for respondent.
In an action for a divorce and ancillary relief, the defendant husband appeals, as limited byhis brief, from so much of an order of the Supreme Court, Nassau County (Falanga, J.), datedMay 23, 2008, as granted that branch of the plaintiff wife's motion which was for an additionalaward of interim counsel fees.
Ordered that the order is affirmed insofar as appealed from, with costs.
An award of interim counsel fees is designed to create parity in divorce litigation bypreventing a monied spouse from wearing down a nonmonied spouse on the basis of sheerfinancial strength (see O'Shea v O'Shea, 93 NY2d 187, 193 [1999]; Wald v Wald, 44 AD3d 848[2007]). The Supreme Court providently exercised its discretion in awarding the wife anadditional $35,000 in interim counsel fees based upon the financial disparity between the parties,the husband's obstreperous conduct which unnecessarily protracted the litigation, and the qualityof the representation afforded the wife by her counsel (see Domestic Relations Law§ 237 [a]; DeCabrera v Cabrera-Rosete, 70 NY2d 879, 881 [1987]; Prichep v Prichep, 52 AD3d 61[2008]; Timpone v Timpone, 28AD3d 646 [2006]; Morrissey v Morrissey, 259 AD2d 472 [1999]). Rivera, J.P.,Dillon, Belen and Hall, JJ., concur.