Miller v Miller

Miller v Miller 2012 NY Slip Op 03150 Decided on April 24, 2012 Appellate Division, Second 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 April 24, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
CHERYL E. CHAMBERS
JEFFREY A. COHEN, JJ.
2011-01571
(Index No. 12197/06)

[*1]Deirdre D. Miller, respondent,

v

Brian L. Miller, appellant. Gerard J. White, Glendale, N.Y., for appellant. Karen G. Brand, P.C., Manhasset, N.Y., for respondent.




DECISION & ORDER

In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Strauss, J.), dated February 13, 2008, as granted those branches of the plaintiff's cross motion which were for an award of pendente lite child support and maintenance, and interim counsel fees.

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

Under the circumstances of this case, based on the apparent disparity in the parties' relative financial positions, the Supreme Court providently exercised its discretion in granting that branch of the plaintiff's cross motion which was for an award of interim counsel fees (see Gaffney-Romanello v Romanello, 82 AD3d 930).

The defendant's remaining contentions are without merit.
RIVERA, J.P., FLORIO, CHAMBERS and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court