Opinion
2000-10898
Submitted January 17, 2002.
February 19, 2002.
In an action for a divorce and ancillary relief, the plaintiff appeals from an order of the Supreme Court, Westchester County (Scancarelli, J.), entered November 3, 2000, which denied her motion, without prejudice, for pendente lite counsel fees.
Bodnar Milone, LLP, White Plains, N.Y. (Lydia A. Milone and Erik Kristensen of counsel), for appellant.
Morrison Cohen Singer Weinstein, LLP, New York, N.Y. (Michele A. Katz and Jenny K. Needelman of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., CORNELIUS J. O'BRIEN, HOWARD MILLER, SANDRA L. TOWNES, JJ.
ORDERED that the order is affirmed, with costs.
Domestic Relations Law § 237(a), inter alia, provides that the Supreme Court, in its discretion and having regard to the circumstances of the case and of the parties, may award pendente lite counsel fees to enable a spouse to proceed in a divorce action. The Supreme Court providently exercised its discretion in denying the plaintiff's motion, without prejudice, as she has sufficient funds to pay her attorney's fee at this time (see, Louis v. Gaines, 255 A.D.2d 561; Fisher v. Fisher, 208 A.D.2d 433; McCarthy v. McCarthy, 172 A.D.2d 1040).
FLORIO, J.P., O'BRIEN, H. MILLER and TOWNES, JJ., concur.