Lugo v Torres
2015 NY Slip Op 07630 [132 AD3d 824]
October 21, 2015
Appellate Division, Second Department
As corrected through Wednesday, December 9, 2015


[*1]
 Robert Lugo, Appellant,
v
Larissa Torres,Respondent.

Miller Zeiderman Wiederkehr & Schwarz, LLP, White Plains, N.Y. (EvanWiederkehr of counsel), for appellant.

Carton & Rosoff, P.C., White Plains, N.Y. (David M. Rosoff of counsel), forrespondent.

Appeal from an order of the Supreme Court, Westchester County (Susan M. Capeci,J.), entered September 26, 2014. The order, insofar as appealed from, granted that branchof the defendant's cross motion which was for an award of interim counsel fees in thesum of $40,000.

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

The Supreme Court providently exercised its discretion in granting that branch of thedefendant's cross motion which was for an award of interim counsel fees in the sum of$40,000, in light of the plaintiff's conduct, which resulted in unnecessarily protracting thelitigation, and the parties' financial circumstances (see Domestic Relations Law§ 237 [a]; Johnsonv Chapin, 12 NY3d 461, 467 [2009]; DeCabrera v Cabrera-Rosete, 70NY2d 879, 881 [1987]; Vistocco v Jardine, 116 AD3d 842, 844 [2014]; Prichep v Prichep, 52 AD3d61, 65 [2008]). Rivera, J.P., Balkin, Leventhal and Dickerson, JJ., concur.


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