LeROY v. LeROY

The award was a proper exercise of discretion (Domestic Relations Law § 237[a]; see, O'Shea v. O'Shea, 93 N.Y.2d 187, 192, 193), there being ample basis for finding that plaintiff lacked the money to pay for her attorneys' services on the appeal, and that defendant, who, pending the appeal, remained in control of nearly the entire marital estate, including all liquid assets, had the ability to pay therefor. In determining the amount of the then still prospective fee, the trial court properly relied upon its own knowledge, experience and familiarity with the parties' financial circumstances (see, Caldwell v. Caldwell, 209 A.D.2d 1022).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.