| King v King |
| 2012 NY Slip Op 06284 [98 AD3d 1087] |
| September 26, 2012 |
| Appellate Division, Second Department |
| Stephanie King, Appellant, v Charles King,Respondent. |
—[*1] Braunstein & Zuckerman, White Plains, N.Y. (Lawrence Jay Braunstein of counsel), forrespondent.
In an action for a divorce and ancillary relief, the plaintiff appeals from an order of theSupreme Court, Westchester County (Connolly, J.), entered May 10, 2011, which, upon astipulation of settlement dated December 13, 2010, granted her motion for an award of anattorney's fee in the sum of $66,623.56 only to the extent of awarding her the sum of $25,000.
Ordered that the order is modified, on the facts and in the exercise of discretion, byincreasing the award of an attorney's fee from the sum of $25,000 to the sum of $45,000; as somodified, the order is affirmed, with costs to the plaintiff.
The Supreme Court improvidently exercised its discretion in awarding the plaintiff anattorney's fee in the sum of only $25,000. Considering the parties' relative circumstances,including the disparity in the parties' respective incomes, and considering all of the relevantfactors, an award of an attorney's fee in the sum of $45,000 is appropriate (see DomesticRelations Law § 237 [a]; DeCabrera v Cabrera-Rosete, 70 NY2d 879, 881 [1987];Moreira v Moreira, 84 AD3d899, 900 [2011]). Mastro, A.P.J., Skelos, Florio and Hall, JJ., concur.