Ordered that the cross appeal is dismissed, without costs or disbursements, for failure to perfect the same in accordance with the rules of this Court (see, 22 NYCRR 670.8 [c], [e]); and it is further,
Ordered that the appeal from the order dated December 23, 1996, is dismissed, without costs or disbursements, as that order was superseded by the order dated March 19, 1997; and it is further,
Ordered that the order dated March 19, 1997, is affirmed insofar as appealed from, without costs or disbursements.
The Hearing Examiner was correct in granting the wife's application for counsel fees only with respect to the petition that was pending before the Hearing Examiner at the time of the application (see, Abrusci v. Abrusci, 79 A.D.2d 980; Cassieri v. Cassieri, 31 A.D.2d 927). Contrary to the petitioner's contention, the Family Court had previously determined that she was not entitled to counsel fees for services rendered in connection with a prior petition for enforcement of the support provisions of the judgment of divorce.
Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.