STEPHENS v. STEPHENS

Order, Supreme Court, New York County (Walter Tolub, J.), entered March 20, 1997, which, in a matrimonial action, insofar as appealed from, granted nonparty respondent Law Guardian's application for entry of judgment in her favor and against plaintiff in the amount of $7,524 for her fees, unanimously affirmed, without costs.

Both plaintiffs failed to raise any of the arguments now advanced on appeal, and they are therefore unpreserved for review ( see, Melahn v. Hearn, 60 N.Y.2d 944, 945). Were we to review them, we would find that both motion courts properly exercised their discretion in appointing a Law Guardian for the parties' children, and directing that the parties pay the Guardian's fee ( see, Rotta v. Rotta, 233 A.D.2d 152). The motion courts were not constrained to award the statutory rates set forth in Judiciary Law § 35 (3) and the amounts awarded are appropriate ( ibid.). Further, the Law Guardian could seek to enforce payment of her fees through Domestic Relations Law § 244, rather than by plenary action.

Concur — Sullivan, J.P., Rubin, Mazzarelli and Andrias, JJ.