Hirsh v Hirsh

Hirsh v Hirsh 2012 NY Slip Op 04834 Decided on June 14, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 14, 2012
Andrias, J.P., Friedman, Sweeny, Manzanet-Daniels, Román, JJ.
7945 303905/10

[*1]Jessica Hirsh, Plaintiff-Respondent,

v

David Hirsh, Defendant-Appellant.




Bressler, Amery & Ross, P.C., New York (David H. Pikus of
counsel), for appellant.
Aaronson, Mayefsky & Sloan, LLP, New York (Allan E.
Mayefsky of counsel), for respondent.

Order, Supreme Court, New York County (Ellen Gesmer, J.), entered January 3, 2012, which, to the extent appealed from as limited by the briefs and the stipulation of the parties, denied defendant's cross motion for an award of interim counsel and expert fees, unanimously affirmed, without costs.

The court reviewed the financial circumstances of both parties as well as all the other circumstances of the case, and properly determined that interim fees were unwarranted (see Domestic Relations Law § 237[a]; DeCabrera v Cabrera-Rosete, 70 NY2d 879, 881 [1987]). Indeed, the record shows that the parties' financial circumstances were comparable, as they had no marital assets and were both gainfully employed with the financial means to pay their own attorneys (see Cvern v Cvern, 198 AD2d 197, 198 [1993]). Moreover, the court properly found that defendant had contributed only minimally to the care of the parties' child.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 14, 2012

CLERK