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NEIL O'DONNELL, appellant, v. CYNTHIA O'DONNELL, respondent.

DECISION ORDER

ORDERED that the order is modified, by deleting the provision thereof granting the motion and substituting therefor a provision denying the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

While it is true that the award of expert witness fees in a matrimonial action is left to the sound discretion of the trial court, such awards should not be made routinely. They should be made upon a detailed showing, inter alia, of the services to be rendered and the estimated time involved ( see Ahern v. Ahern, 94 A.D.2d 53, 58). In the instant case, the defendant's failure to provide any affidavits from her expert witnesses supporting her motion left the Supreme Court with an insufficient basis upon which to grant that branch of her motion which was to compel the plaintiff to pay the fees and costs associated with the apperance and testimony of those expert witnesses at the trial of this action ( see Corrao v. Corrao, 209 A.D.2d 573, 574; Fischler v. Fischler, 184 A.D.2d 680, 681; Coppola v. Coppola, 129 A.D.2d 760, 762).

RITTER, J.P., SMITH, FRIEDMANN, H. MILLER and CRANE, JJ., concur.

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O'DONNELL v. O'DONNELL
(Dec 15, 2003)