Opinion
June 11, 1990
Appeal from the Supreme Court, Westchester County (Buell, J.).
Ordered that the order is modified, by allocating the monthly award of $2,500 as follows: $1,500 for temporary maintenance and $1,000 for temporary child support; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with costs to the plaintiff wife.
While the plaintiff wife had sought, in relevant part, an allocated award of temporary maintenance and temporary child support, it appears that the Supreme Court awarded her an unallocated sum of $2,500, which represented the average monthly amount that the defendant husband had been voluntarily giving her for her support and the support of their child. The parties' financial circumstances as set forth in the record do not warrant a modification of the total monthly sum awarded pendente lite by the Supreme Court. However, we find it appropriate to allocate $1,500 of the award for temporary maintenance and the remaining $1,000 for temporary child support.
There is no basis to disturb the Supreme Court's discretionary award of pendente lite counsel fees in the sum of $5,000 to the wife (see, DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879, 881). Thompson, J.P., Brown, Lawrence and Eiber, JJ., concur.