SAGARIN v. SAGARIN

ORDERED that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contention, the Supreme Court did not improperly deny that branch of her motion which was for an award of counsel fees ( see, Zucker v. Zucker, 187 A.D.2d 507; Mulcahy v. Mulcahy, 170 A.D.2d 587).

The plaintiff's remaining contentions are either without merit or have been rendered academic by a subsequent order of the Supreme Court, Suffolk County, dated December 23, 1998, and the appeal therefrom ( see, Sagarin v. Sagarin, 264 A.D.2d 769 [decided herewith]).

RITTER, J.P., JOY, H. MILLER, and SMITH, JJ., concur.