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PACHECO v. PACHECO

Appellate Division of the Supreme Court of New York, Second Department.
Jan 22, 1985
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Order affirmed, insofar as appealed from, with costs.

Affidavits in support of plaintiff's motion indicated, inter alia, that defendant is a world-famous Latin entertainer who has had an average annual income of over $200,000. Although defendant alleged that his financial position deteriorated radically since 1979, so that his total weekly income is $600, affidavits of plaintiff's accountant and counsel persuasively argue that defendant may have secreted his assets and income in various corporate entities. Investigation into these matters will be complicated — resulting in fees which plaintiff, with no net assets, income or immediate employability, is clearly unable to pay. In these circumstances the award of $5,000 in accountant's and/or appraiser's fees was proper (see Ahern v. Ahern, 94 A.D.2d 53). For these same reasons, and also given the voluminous record of these proceedings to date, the award of $4,000 in attorney's fees was not an abuse of discretion under section 237 Dom. Rel. of the Domestic Relations Law. Lazer, J.P., Thompson, Weinstein and Eiber, JJ., concur.