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MELTZER v. MELTZER

Appellate Division of the Supreme Court of New York, Second Department.
Jun 2, 2009
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Ordered that the order is affirmed insofar as appealed from, with costs.

An award of interim counsel fees is designed to create parity in divorce litigation by preventing a monied spouse from wearing down a nonmonied spouse on the basis of sheer financial strength ( see O'Shea v O'Shea, 93 NY2d 187, 193; Wald v Wald, 44 AD3d 848). The Supreme Court providently exercised its discretion in awarding the wife an additional $35,000 in interim counsel fees based upon the financial disparity between the parties, the husband's obstreperous conduct which unnecessarily protracted the litigation, and the quality of the representation afforded the wife by her counsel ( see Domestic Relations Law ยง 237 [a]; DeCabrera v Cabrera-Rosete, 70 NY2d 879, 881; Prichep v Prichep, 52 AD3d 61; Timpone v Timpone, 28 AD3d 646; Morrissey v Morrissey, 259 AD2d 472).