Opinion
June 10, 1996
Appeal from the Supreme Court, Nassau County (Brucia, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court did not err in granting the defendant temporary exclusive possession of the marital residence given the domestic strife caused by the plaintiff's presence in the home and the fact that he had voluntarily established an alternative residence (see, Annexstein v. Annexstein, 202 A.D.2d 1062; Kristiansen v. Kristiansen, 144 A.D.2d 441, 442; Wolfe v. Wolfe, 111 A.D.2d 809, 810).
It was not an improvident exercise of discretion to award the defendant interim counsel fees without a showing of need (see, DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879; Anonymous v Anonymous, 213 A.D.2d 183). The defendant was not required to exhaust her own capital in order to qualify for an interim counsel fee award (see, Lieberman v. Lieberman, 187 A.D.2d 567; Cole v. Cole, 182 A.D.2d 738). Given the financial circumstances of the parties, the award of counsel fees was a proper exercise of the Supreme Court's discretion (see, Ljutic v. Ljutic, 216 A.D.2d 274; Roach v. Roach, 193 A.D.2d 660). Miller, J.P., Copertino, Santucci and Altman, JJ., concur.