Opinion
March 17, 1986
Appeal from the Supreme Court, Nassau County (Levitt, J.).
Judgment modified, by deleting the ninth decretal paragraph thereof which awarded counsel fees to the plaintiff. As so modified, judgment affirmed, insofar as appealed from, without costs or disbursements, and matter remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith.
The defendant contends that the Trial Judge improperly permitted the plaintiff to conduct discovery and inspection of his business records during the course of the trial. Under the circumstances of this case, directing midtrial disclosure was not an abuse of discretion and does not warrant reversal. We further perceive no basis to disturb the determinations granting the plaintiff maintenance, child support and full title to the marital residence, which determinations are fully supported in the record.
However, we conclude that there is insufficient information in the record to determine the appropriate amount and proper allocation of counsel fees (see, Falcone v. Falcone, 112 A.D.2d 796, 797; Singer v. Singer, 106 A.D.2d 623, 624). We therefore remit the matter for a hearing and new determination on that issue alone. Lazer, J.P., Niehoff, Kooper and Spatt, JJ., concur.