Opinion
July 15, 1985
Appeal from the Supreme Court, Nassau County (Kelly, J.).
Order reversed, with costs, and motion granted to the extent that discovery and inspection of the subject financial records of the husband's dental practice shall be permitted and plaintiff is awarded expert accounting fees, pendente lite, in the sum of $3,000, without prejudice to her right to apply for an additional award from the trial court if she be so advised.
In light of the broad discovery concerning the parties' finances allowable in postequitable distribution matrimonial matters, there was no reason for Special Term to exclude the requested materials from disclosure ( see, Kaye v. Kaye, 102 A.D.2d 682; Ruggiero v. Ruggiero, 100 A.D.2d 875; Colella v. Colella, 99 A.D.2d 794). Moreover, in view of the averments regarding plaintiff's inability to afford any additional discovery and defendant's uncontested ability to pay for same, it was error for Special Term to deny plaintiff an interim award for the services of an accounting expert to help evaluate defendant's dental practice ( see, Maratea v. Maratea, 103 A.D.2d 799; see also, Carella v. Carella, 97 A.D.2d 394).
However, upon a review of the record, it appears that a pendente lite award in the amount of $3,000 should be adequate at this juncture. The plaintiff can apply to the trial court for an additional award, if she be so advised ( see, Carella v. Carella, supra). Lazer, J.P., Gibbons, Thompson and Kunzeman, JJ., concur.