The interim $25,000 fee award was a proper exercise of discretion under Domestic Relations Law § 238 (see Silberman v. Silberman, 216 A.D.2d 41, appeal dismissed 86 N.Y.2d 835). Any right defendant had to a hearing on defendant's cross motion was waived by his failure to object to its determination on the papers submitted, or to otherwise request a hearing (see Beal v. Beal, 196 A.D.2d 471, 473).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.