STELLA v. Antoinette Cannizo, etc., Co-Respondent. (2005)

Judgment, Supreme Court, New York County (John E.H. Stackhouse, J.), entered September 23, 2004, which awarded plaintiff pendente lite counsel and expert fees, plus interest, in the total amount of $227,726. 33, unanimously affirmed, without costs.   Appeal from order, same court and Justice, entered August 3, 2004, which, inter alia, granted plaintiff's motion for interim attorney and expert fees, unanimously dismissed, without costs, as superseded by the appeal from the judgment.

Inasmuch as the record discloses that defendant husband has significantly greater financial resources at his disposal than plaintiff wife, and that defendant's actions have caused protracted litigation, the court properly exercised its discretion in making the interim awards here at issue (see DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879, 881, 524 N.Y.S.2d 176, 518 N.E.2d 1168 [1987];  Papadopoulos v. Papadopoulos, 301 A.D.2d 391, 752 N.Y.S.2d 860 [2003] ).   We have considered defendant's arguments to the contrary and find them unavailing.