Opinion
April 10, 1989
Appeal from the Supreme Court, Queens County (Galfunt, J.H.O.).
Ordered that the order is modified by deleting the provision which, upon reargument, adhered to the original determination insofar as it directed the defendant wife to pay for the counsel fees incurred by both parties and substituting therefor a provision directing each party to pay for his and her own counsel fees; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
We find that the Supreme Court should not have required the wife to pay for the husband's counsel fees out of funds which are the subject of a pending plenary action. Instead, we conclude that each party should pay for his or her own counsel fees in view of their respective financial circumstances (see, Domestic Relations Law § 237 [a]). Thompson, J.P., Kunzeman, Eiber, Spatt and Balletta, JJ., concur.