Opinion
April 4, 1988
Appeal from the Supreme Court, Dutchess County (Rosenblatt, J.).
Ordered that the order is affirmed, with costs.
Inasmuch as the parties agreed to submit the matter of counsel fees to the court for resolution and the defendant, who is an attorney, failed to request an evidentiary hearing with respect to that issue at any time prior to the instant appeal, it was not an abuse of discretion to award counsel fees without first hearing testimony on that issue (see, Kandel v. Kandel, 129 A.D.2d 617, 618; Long v. Long, 121 A.D.2d 696, 697; Bara v. Bara, 115 A.D.2d 628, 630, lv dismissed 68 N.Y.2d 664, lv denied 70 N.Y.2d 609; Janousek v. Janousek, 108 A.D.2d 782, 783; Lynch v. Lynch, 97 A.D.2d 814).
The husband's remaining arguments are unpersuasive. Thompson, J.P., Bracken, Brown, Weinstein and Spatt, JJ., concur.