Opinion
April 8, 1985
Appeal from the Supreme Court, Queens County (Miller, J.).
Order modified so as to provide that upon reargument, the order dated January 5, 1984 is amended by deleting the provision referring the branch of plaintiff's motion which sought an accountant's fee to the trial court and substituting therefor a provision directing defendant to pay plaintiff's counsel the sum of $1,000, to be used to retain an accountant. As so modified, order affirmed, insofar as appealed from, without costs or disbursements. Defendant's time to pay the accountant's fee is extended until 20 days after service upon him of a copy of the order to be made hereon, with notice of entry.
Based upon this record, and particularly the conflicting affidavits submitted by the parties, it cannot be said that the award of temporary maintenance was deficient. Nor did Special Term abuse its discretion in denying interim counsel fees. The record discloses, however, that defendant's net worth statement is incomplete, and in light of defendant's contention that his business is close to bankruptcy, an award of $1,000 so as to permit plaintiff's accountant to examine defendant's financial status is appropriate. Titone, J.P., Bracken, Rubin and Lawrence, JJ., concur.