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McMAHAN v. McMAHAN
Appellate Division of the Supreme Court of New York, Second Department.
Oct 27, 2009
Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the plaintiffs contention, the award of interim counsel fees was not precluded by the parties' stipulation of settlement ( see McMahan v McMahan, 66 AD3d 969 [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; Prichep v Prichep, 52 AD3d 61).
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