Fields v. Fields

Appellate Division of the Supreme Court of New York

Fields v. Fields

82 A.D.3d 542, 918 N.Y.2d 713

Appellate Division of the Supreme Court of the State of New York·Decided March 17, 2011·Published·Cited by 3 cases

Opinion

When plaintiff appealed the judgment of divorce and a [543]*543subsequent 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.

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When plaintiff appealed the judgment of divorce and a [543]*543subsequent 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.

Fields v. Fields, 82 A.D.3d 542, 918 N.Y.2d 713 (N.Y. Ct. App. 2011).

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Opinion

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