Opinion
January 21, 2010.
Order, Supreme Court, New York County (Laura E. Drager, J.), entered September 14, 2009, which, in this matrimonial action, inter alia, denied defendant husband's application for counsel fees to retain an attorney for the economic trial of this matter and to oppose plaintiffs appeal and also reserved for trial his request for downward modification of his child support obligations, unanimously affirmed, with costs.
Before: Gonzalez, P.J., Tom, Sweeny, Catterson and Abdus-Salaam, JJ.
The motion court providently exercised its discretion in denying defendant's motion for prospective counsel fees and expenses in the absence of a showing of financial hardship and the estimated value and extent of the legal services contemplated ( see Block v Block, 296 AD2d 343, 344). Moreover, it is well-settled that in the absence of a substantial and unanticipated change in circumstances, not here demonstrated, the proper remedy for any perceived inequity in a pendente lite award is a speedy trial ( see Ayoub v Ayoub, 63 AD3d 493, 496-497).