McMahan v McMahan

McMahan v McMahan 2009 NY Slip Op 07805 [66 AD3d 971] October 27, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 9, 2009

David Bruce McMahan, Appellant,
v
Elena McMahan, Respondent.

—[*1] The Wallack Firm, P.C., New York, N.Y. (Robert M. Wallack of counsel), for appellant. Law Office of Yonatan S. Levoritz, P.C., Brooklyn, N.Y., for respondent.

In an action for a divorce and ancillary relief, the plaintiff appeals, as limited by his notice of appeal and brief, from so much of an order of the Supreme Court, Westchester County (Lubell, J.), entered November 3, 2008, as granted that branch of the defendant's cross motion which was for an additional award of interim counsel fees in the sum of $100,000.

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

Contrary to the plaintiff's contention, the award of interim counsel fees was not precluded by the parties' stipulation of settlement (see McMahan v McMahan, 66 AD3d 969 [2009] [decided herewith]). Moreover, under the circumstances, the award was a provident exercise of the Supreme Court's discretion (see Rosenbaum v Rosenbaum, 55 AD3d 713, 714 [2008]; Prichep v Prichep, 52 AD3d 61 [2008]). Rivera, J.P., Florio, Eng and Leventhal, JJ., concur.