Fields v. Fields — 82 A.D.3d 542

Majority

p. 542

Ronald Fields, Appellant, v Lucille Fields, Respondent.

[918 NYS2d 713]

When plaintiff appealed the judgment of divorce and a

p. 543

subsequent judgment to this Court (see 65 AD3d 297 [2009], affd 15 NY3d 158 [2010]), he had not yet paid defendant the distributive award and therefore still controlled the majority of the marital estate. Accordingly, since plaintiff’s respective financial position gave him a distinct advantage over defendant, the court providently exercised its discretion in directing him to pay her appellate counsel fees (see Silverman v Silverman, 304 AD2d 41 , 48-49 [2003]).

We have considered plaintiffs remaining contentions and find them unavailing. Concur — Gonzalez, EJ., Tom, Acosta, Richter and Román, JJ.

Cases cited

Fields v. Fields 65 AD3d 297 N.Y. App. Div. 2009-06-25 p. 543
Fields v. Fields 15 NY3d 158 N.Y. 2010-06-10 p. 543
Silverman v. Silverman 304 AD2d 41 N.Y. App. Div. 2003-02-20 at 48-49 p. 543