Opinion
1653N
September 26, 2002.
Order, Supreme Court, New York County (Laura Drager, J.), entered on or about April 2, 2002, which granted plaintiff wife's cross motion for interim counsel fees of $25,000 without an evidentiary hearing, and denied defendant husband's motions to vacate orders of contempt and commitment and for a downward modification of his child support obligation with leave to renew upon proof of payment of the $25,000 interim fee award, unanimously affirmed, with costs.
SUSAN L. BENDER, for plaintiff-respondent.
STANLEY ALTER, for defendant-appellant.
Before: Mazzarelli, J.P., Andrias, Buckley, Sullivan, Lerner, JJ.
The interim $25,000 fee award was a proper exercise of discretion under Domestic Relations Law § 238 (see Silberman v. Silberman, 216 A.D.2d 41, appeal dismissed 86 N.Y.2d 835). Any right defendant had to a hearing on defendant's cross motion was waived by his failure to object to its determination on the papers submitted, or to otherwise request a hearing (see Beal v. Beal, 196 A.D.2d 471, 473).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.