Notably, at the end of the statement of net worth form is the following instruction as to documents which are to be annexed, "REQUIRED DOCUMENTS: Retainer Agreement, Most Recent W-2, 1099s, K1s and Income Tax Returns." The failure to provide a fully executed complete statement of net worth with income tax return has formed a basis for the Court to draw an adverse inference with respect to a party's financial condition (Glass v. Glass, 233 A.D.2d 274 [1st Dept 1996]; Trevino v. Pray, 217 A.D.3d 592 [1st Dept 2023]; O'Connor v. O'Connor, 241 A.D.2d 648 [3rd Dept 1997]). Here, Defendant's statement of net worth was admitted as Defendant's Exhibit 2 (hereinafter "Defendant's SNW").
Initially, as a procedural matter, this Court exercises its discretion, in the interest of justice, to entertain the affirmative relief set forth in Defendant's opposition papers, notwithstanding the lack of a formal notice of cross-motion, as it the request for counsel fees is sufficiently interrelated with the pending motion to set aside the underlying Stipulation, in light of the express provisions of Paragraph G of Article XXIII of the parties' Stipulation (see Trevino v Pray, 217 A.D.3d 592 [1st Dept 2023]).
Therefore, the court does not consider this request (see CPLR ยง 2215). Even if the court were to consider the arguments, it would conclude that the relief sought is not related to the relief sought in the defendants' motion, not clearly articulated in plaintiffs' papers, and it is not necessary for the court to exercise discretion to entertain such requests for affirmative relief (see Trevino v Pray, 217 A.D.3d 592, 593 [1st Dept 2023]). Accordingly, it is hereby