Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Attorney's fees should not be awarded without conducting a hearing or requiring proof by affidavit substantiating the attorney's fees requested (see, Cooper v Cooper, 179 A.D.2d 1035; Kieffer v Kieffer, 163 A.D.2d 907, 908; Falcone v Falcone, 112 A.D.2d 796, 797). Defendant did not request a hearing. The parties refer to an attorney's affidavit in their briefs, but such affidavit is not in the record. We, therefore, modify the judgment appealed from by vacating the thirty-first and thirty-second decretal paragraphs and remit the matter to Supreme Court for a determination regarding attorney's fees based upon proper proof.
We otherwise affirm for reasons stated in the decision at Supreme Court (Whelan, J.).