FIELDS v. LUCILLE FIELDS

When plaintiff appealed the judgment of divorce and a subsequent judgment to this Court ( see 65 AD3d 297, aff'd 15 NY3d 158), he had not yet paid defendant the distributive award and therefore still controlled the majority of the marital estate. Accordingly, since plaintiff's respective financial position gave him a distinct advantage over defendant, the court providently exercised its discretion in directing him to pay her appellate counsel fees ( see Silverman v Silverman, 304 AD2d 41, 48-49).

We have considered plaintiffs remaining contentions and find them unavailing.