Opinion
February 16, 1999
Appeal from the Supreme Court, Westchester County (Shapiro, J.).
Ordered that, on the Court's own motion, the appellant'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 reversed insofar as appealed from, on the law, and the defendant wife's motion is denied; and it is further,
Ordered that the appellant is awarded one bill of costs.
The prenuptial agreement executed by the parties in 1979, which included property and maintenance provisions, has been upheld by this Court ( see, Anonymous v. Anonymous, 233 A.D.2d 350; Anonymous v. Anonymous, 258 A.D.2d 547 [decided herewith]). Moreover, it is undisputed that the plaintiff husband is a multi-millionaire and is willing and able to pay any reasonable child support ordered by the court. Under these circumstances, the Supreme Court erred in directing broad pre-trial discovery with respect to the plaintiff husband's current financial circumstances ( see, Garguilio v. Garguilio, 168 A.D.2d 666).
Mangano, P. J., Sullivan, Florio and McGinity, JJ., concur.