Opinion
April 27, 1998
Appeal from the Supreme Court, Nassau County (McCabe, J.).
Ordered that the judgment is modified, on the law, by reducing the counsel fees awarded to the plaintiff from $149,923 to $107,340.93; as so modified, the judgment is affirmed, without costs or disbursements.
Considering the disparity in the incomes of the parties and the defendant's tactics which unnecessarily prolonged this litigation, it was appropriate for the trial court to require the defendant to pay the plaintiff's entire counsel fees ( see, DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879). However, the award of counsel fees should not have included the fees incurred in the preparation of the application for fees ( see, Schussler v. Schussler, 123 A.D.2d 618), or the fees incurred prior to the commencement of the divorce action ( see, Conklin v. Conklin, 196 App. Div. 607).
Pizzuto, J.P., Joy, Friedmann and Florio, JJ., concur.