Opinion
2001-10819
Submitted April 2, 2002.
September 10, 2002.
In an action for a divorce and ancillary relief, the defendant's former attorney appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Baisley, J.), dated October 16, 2001, as denied his motion, inter alia, for an award of an attorney's fee and a charging lien against the plaintiff.
David M. Ettinger, Atlantic Beach, N.Y., nonparty-appellant pro se.
Steven Gottlieb, Great Neck, N.Y., respondent pro se.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, THOMAS A. ADAMS, STEPHEN G. CRANE, JJ.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court providently exercised its discretion in denying the appellant's motion, inter alia, for an award of an attorney's fee and a charging lien against the plaintiff (see Domestic Relations Law § 237[a]; O'Shea v. O'Shea, 93 N.Y.2d 187), based on its prior award of various interim attorney's fees and its determination that the defendant was disproportionately responsible for the unduly contentious and protracted nature of the proceedings (see e.g. Walker v. Walker, 255 A.D.2d 375; Love v. Love, 250 A.D.2d 739).
RITTER, J.P., ALTMAN, ADAMS and CRANE, JJ., concur.