Opinion
No. 2008-11553.
December 1, 2009.
In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Suffolk County (Bivona, J.), dated October 6, 2008, as amended November 6, 2008, which granted the plaintiff's application for an attorney's fee, costs, and disbursements, to the extent of awarding her the sum of $17,775.
Eisenberg Carton, Bellmore, N.Y. (Lloyd M. Eisenberg of counsel), for appellant.
Potruch Daab, LLC, Garden City, N.Y. (Alexander Potruch of counsel), for respondent.
Before: Rivera, J.P., Miller, Dickerson and Roman, JJ., concur.
Ordered that on the Court's own motion, the defendant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted ( see CPLR 5701 [c]); and it is further,
Ordered that the order is affirmed, with costs.
Under the circumstances of this case, the Supreme Court providently exercised its discretion in granting the plaintiffs application for an attorney's fee, costs, and disbursements in the sum of $17,775.