Opinion
February 26, 1991
Appeal from the Supreme Court, New York County (Jacqueline Silbermann, J.).
In view of the financial circumstances of the respective parties, together with all the other circumstances of the case, the trial court did not abuse its discretion in denying plaintiff-wife's request for an award of legal fees. (See, DeCabrera v Cabrera-Rosete, 70 N.Y.2d 879.)
Further, the award of child support in the amount of $80 per child per week plus medical and life insurance until their emancipation was a sound exercise of discretion based upon a consideration of all the factors set forth in Domestic Relations Law § 236 (B) (7), including the court's finding that defendant was capable of earning $30,000 to $35,000 per year.
Concur — Milonas, J.P., Ellerin, Wallach, Kassal and Smith, JJ.