Ordered that the order is affirmed, with costs.
The Hearing Examiner providently exercised his discretion in denying the petitioner's motion for an award of an attorney's fee where it was not shown that the parties were in disparate financial positions or that the respondent had prolonged the proceedings ( see Domestic Relations Law § 237 [b]; Family Ct Act § 438 [a]; O'Shea v. O'Shea, 93 NY2d 187, 193; DeCabrera v. Cabrera-Rosete, 70 NY2d 879; O'Brien v. O'Brien, 66 NY2d 576).
The petitioner's remaining contentions are without merit.