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KENNETH BENGARD, appellant, v. THERESA BENGARD, respondent.

DECISION ORDER

ORDERED that the judgment is affirmed; and it is further,

ORDERED that the order is affirmed insofar as appealed from; and it is further,

ORDERED that one bill of costs is awarded to the defendant.

The plaintiff failed to request a hearing with regard to the value and extent of the services of the defendant's attorney or raise any objections to the submission of the issue of an award of an attorney's fee based on papers. Consequently, he waived his right to a hearing on this issue ( see Krutyansky v. Krutyansky, 289 A.D.2d 299; Roshevsky v. Roshevsky, 267 A.D.2d 293; Reehill v. Reehill, 181 A.D.2d 725). Furthermore, the Supreme Court providently exercised its discretion in granting the defendant's motion for an award of an attorney's fee in light of the plaintiff's tactics, which unnecessarily prolonged the litigation ( see Krigsman v. Krigsman, 288 A.D.2d 189; Kalinich v. Kalinich, 234 A.D.2d 344; Suydam v. Suydam, 203 A.D.2d 806).

The plaintiff's remaining contention is without merit.

RITTER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.

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BENGARD v. BENGARD
(Mar 1, 2004)