Opinion
1765N
October 3, 2002.
Order, Supreme Court, New York County (Jacqueline Silbermann, J.), entered July 6, 2001, which, to the extent appealed from, directed that respondent's motion to hold petitioner responsible for payment of all of her counsel fees incurred in the underlying concluded post-judgment custody proceeding be referred to a Special Referee to hear and report, and dismissed and severed petitioner's cross motion for an award of child support, unanimously affirmed, without costs.
SUZANNE KIMBERLY BRACKER, for petitioner-appellant.
JEFFREY S. KOFSKY, for respondent-respondent.
Before: Nardelli, J.P., Saxe, Rosenberger, Friedman, Marlow, JJ.
The court properly found that the parties' stipulation of settlement (see Malleolo v. Malleolo, 287 A.D.2d 603; McWade v. McWade, 253 A.D.2d 798), did not foreclose the New York court's consideration of respondent's motion for attorney's fees. While modification of the stipulation's child support provisions was no longer available in New York once the parties and their children had relocated to California, enforcement in New York of unmodified provisions of the stipulation not having to do with child custody and visitation was permissible (see Mamberg v. Epstein, 272 A.D.2d 200) . Contrary to petitioner's contention, respondent's documentation in support of her counsel fee motion sufficiently complied with financial disclosure requirements (see 22 NYCRR § 202.16[k]).
We have considered petitioner's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.