Opinion
April 9, 1990
Appeal from the Supreme Court, Nassau County (McCaffrey, J.).
Ordered that the appeal from the order entered September 6, 1989, is dismissed, as that order was superseded by the order entered December 1, 1989, made upon reargument; and it is further,
Ordered that the order entered December 1, 1989, is modified by deleting the provision thereof adhering to the original determination, and by adding thereto a provision granting the plaintiff's application to the extent of increasing the pendente lite appraisal and accounting fees to $3,500 and awarding her pendente lite counsel fees of $2,500; as so modified, the order entered December 1, 1989, is affirmed insofar as appealed from, and the order entered September 6, 1989, is modified accordingly; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
Considering that the plaintiff wife bears the burden of demonstrating the value of the defendant husband's business interests at trial (see, Gredel v. Gredel, 128 A.D.2d 834), and given the financial positions of the respective parties, we conclude that an award to the plaintiff of $3,500 in expert appraisal and accounting fees is appropriate (see, Domestic Relations Law § 237 [d]; Bernstein v. Bernstein, 143 A.D.2d 168; Ahern v. Ahern, 94 A.D.2d 53). Moreover, under the circumstances of this case, we find that the plaintiff is entitled to an award of pendente lite counsel fees in the amount of $2,500 (see, Domestic Relations Law § 237 [a]; Ahern v. Ahern, supra).
We further note that our modification of the order is without prejudice to future applications by the plaintiff for professional fees should it appear that she is unable to carry on her action in the absence of such additional funds. Kunzeman, J.P., Kooper, Sullivan and Miller, JJ., concur.