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Van Dyke v. Van Dyke (N.Y.App.Div. 06/15/2000)
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Supreme Court6/15/2000
e divorce action was pending, subsisting in part on a pendente lite award of maintenance in the amount of $350 per week, she testified at trial that she had recently begun a business creating stained glass pieces by commission. Under the circumstances, Supreme Court did not abuse its discretion in establishing the amount of the award nor in limiting the award to a period of 30 months (see, Allen v. Allen, 263 AD2d 691, 692, supra ).
Finally, notwithstanding plaintiff's contentions, we find no abuse of discretion in the counsel fee award of $7,500, especially in light of the pendente lite award of counsel fees in the amount $2,000, accountant's fees of $2,000 and appraiser's fees of $1,500, and plaintiff's significant distributive award (see, Creighton v. Creighton, 222 AD2d 740).
Plaintiff's remaining contentions have been considered and are found to be unpersuasive.
Cardona, P.J., Carpinello, Rose and Lahtinen, JJ., concur.
ORDERED that the judgment is modified, on the facts, without costs, by reversing so much thereof as determined that plaintiff had no interest in defendant's NADART 401k plan; matter remitted to the Supreme Court for a determination of plaintiff's equitable share of so much of that account as represents funds contributed during the marriage; and, as so modified, affirmed.
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