Opinion
January 16, 1990
Appeal from the Supreme Court, New York County (Kristin Booth Glen, J.).
While clearly the Supreme Court has the power to appoint an independent appraiser (Zirinsky v. Zirinsky, 138 A.D.2d 43; Uniform Rules for Trial Cts, 22 NYCRR 202.18), nevertheless, the denial of such relief under the circumstances of this case did not constitute an abuse of discretion. (Murphy v. Murphy, 145 A.D.2d 857, 858.) The action is at an early stage, with discovery still in progress. Further, the plaintiff has already obtained an expert and, at least at this point, has not established that the husband's affairs are so complex that it is necessary for the court to appoint an appraiser.
Concur — Murphy, P.J., Sullivan, Ross, Rosenberger and Ellerin, JJ.