Opinion
February 3, 1995
Appeal from the Supreme Court, Erie County, Whelan, J.
Present — Lawton, J.P., Fallon, Wesley, Davis and Boehm, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in denying the motion of defendant for an award of counsel fees and expenses incurred in the prosecution of her appeal in the underlying matrimonial action (see, Domestic Relations Law § 237 [a], [d]; Scheinkman, Practice Commentary, McKinney's Cons Laws of N.Y., Book 14, Domestic Relations Law C237:6, at 516; see also, DeCabrera v Cabrera-Rosete, 70 N.Y.2d 879, 881; Borakove v. Borakove, 116 A.D.2d 683).