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KENNETH LOEWENTHEIL, Appellant, v. THELMA LOEWENTHEIL, Respondent.

Ordered that the order is reversed insofar as appealed from, with costs, and that branch of the wife's motion which was for pendente lite counsel fees and accountants' fees is denied.

The defendant wife made an application for counsel fees and accountants' fees a mere two months after retaining counsel and an accountant, and after paying counsel $10,000 and the accountant $5,000. Moreover, neither the wife nor the accountant has alleged that the retainer paid to him has been exhausted (see, Wolf v. Wolf, 146 A.D.2d 527). While the wife's counsel made a conclusory allegation that he had already exhausted his retainer, he failed to detail the services rendered or submit time sheets to support the allegation (see, Wolf v. Wolf, supra). Mangano, P.J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.

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LOEWENTHEIL v. LOEWENTHEIL
(Oct 25, 1993)