Opinion
July 1, 1996
Appeal from the Supreme Court, Suffolk County (Leis, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The issue of counsel fees is controlled by the equities and circumstances of each particular case, and the court must consider, among other things, the relative merits of the parties' positions in determining whether an award is appropriate ( see, Domestic Relations Law § 237 [a]; Linda R. v. Richard E., 176 A.D.2d 312; Basile v. Basile, 122 A.D.2d 759). Based on a consideration of the foregoing principles, we conclude that the Supreme Court did not improvidently exercise its discretion in awarding the husband counsel fees with regard to his motion.
We have reviewed the wife's remaining contention and find it to be without merit. Mangano, P.J., Thompson, Florio, McGinity and Luciano, JJ., concur.