Opinion
August 16, 1999.
Appeal from the Supreme Court, Rockland County (Miller, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court did not improvidently exercise its discretion in awarding counsel fees to the plaintiff ( see, Domestic Relations Law § 237 [a]). The award was properly based upon evidence establishing the defendant's financially-superior position ( see, Kennedy v. Kennedy, 128 A.D.2d 840).
Since the defendant failed to request a hearing on the plaintiff's motion for counsel fees and also failed to raise an objection to the submission of the issue of counsel fees based on papers, he has waived his right to a hearing on this issue ( see, Matter of Zirkind v. Zirkind, 218 A.D.2d 745; Rosenberg v. Rosenberg, 155 A.D.2d 428).
The defendant's remaining contentions are without merit.
Bracken, J. P., Thompson, Goldstein, McGinity and Schmidt, JJ., concur.