Lauria v Usak-Lauria
2009 NY Slip Op 06407 [65 AD3d 1017]
September 8, 2009
Appellate Division, Second Department
As corrected through Wednesday, November 4, 2009


Edward Lauria, Appellant,
v
Teresa Usak-Lauria,Respondent.

[*1]Jacobi, Sieghardt, Bousanti, Piazza & Fitzpatrick, P.C., Staten Island, N.Y. (George A.Sieghardt of counsel), for appellant.

Teresa Usak-Lauria, Staten Island, N.Y., respondent pro se.

In an action for a divorce and ancillary relief, the plaintiff husband appeals, as limited by hisbrief, from so much of an order of the Supreme Court, Richmond County (Silber, J.), dated July30, 2008, as granted that branch of the defendant wife's motion which was for an award of aninterim counsel fee in the sum of $25,000.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in granting that branch of the wife'smotion which was for an award of an interim counsel fee in the sum of $25,000 in light of thedisparity in the parties' relative financial positions and the husband's conduct, which resulted inunnecessary motion practice (seeMeltzer v Meltzer, 63 AD3d 702 [2009]; Davis-Potente v Potente, 60 AD3d 720, 721 [2009]; Prichep v Prichep, 52 AD3d 61,66 [2008]; McGarrity v McGarrity,49 AD3d 824, 826 [2008]). Skelos, J.P., Florio, Balkin, Belen and Austin, JJ., concur.


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