Opinion
March 8, 1994
Appeal from the Family Court, Nassau County (Joseph DeMaro, J.).
We decline to disturb the Family Court's award of counsel fees (see, Matter of O'Neil v. O'Neil, 193 A.D.2d 16, 19-20), the evaluation thereof being committed to the sound discretion of the trial court, which is in a "superior position to judge those factors integral to the fixing of counsel fees" (Levine v Levine, 179 A.D.2d 625, 626). Certainly appellant's inability to pay her entire legal bill does not warrant saddling respondent with the bill where the court found that appellant's counsel unnecessarily prolonged this action in order to run up his fees.
As the trial of this custody matter afforded the court with ample opportunity to evaluate the legal services rendered thereto, an additional hearing was not needed to fix the amount of the fee.
We have considered appellant's other arguments and find them to be without merit.
Concur — Sullivan, J.P., Rosenberger, Ross, Rubin and Williams, JJ.