Opinion
December 1, 1994
Appeal from the Supreme Court, New York County (David B. Saxe, J.).
The award of interim attorneys' and experts' fees was a proper exercise of the court's discretion (Domestic Relations Law §§ 237, 240). Here, in light of the fact that a determination of child support has yet to be made, the motion court, following a painstaking review of all the papers and documents submitted, properly granted the fees to defendant, having clearly taken into consideration the circumstances of the parties, including, inter alia: (1) the work performed by the attorneys and experts, and the additional work which will be required; (2) the wife's lack of funds to pay these fees without depleting her assets; (3) the complexity of the husband's financial affairs and his inadequate response to interrogatories and the production of documents; and, (4) the tender ages of the children which do not permit any substantial employment by the wife, who has been a homemaker for the past 9 years (see, Merrick v Merrick, 190 A.D.2d 515).
We have considered all issues raised by plaintiff and find them to be meritless.
Concur — Ellerin, J.P.., Wallach, Asch, Nardelli and Tom, JJ.