GOLDSTEIN v. GOLDSTEIN (1998)

Supreme Court, Appellate Division, First Department, New York.

Al GOLDSTEIN, Plaintiff-Appellant, v. Patricia Flaherty GOLDSTEIN, Defendant-Respondent.

Decided: June 30, 1998

ELLERIN, J.P., WILLIAMS, TOM and MAZZARELLI, JJ.

Philip A. Greenberg, for Plaintiff-Appellant. Guy S. Halperin, for Defendant-Respondent.

Order, Supreme Court, New York County (David Saxe, J.), entered January 9, 1998, which granted defendant's motion to confirm the referee's report and awarded her counsel fees of $85,959.47 plus interest and denied plaintiff's cross motion to disaffirm the referee's report, unanimously affirmed, without costs.

Given the history of adjournments by plaintiff in this matrimonial action and the fact that the date of the hearing upon defendant's entitlement to counsel fees had been repeatedly marked “final”, the court properly exercised its discretion in denying plaintiff's request for a ninth adjournment predicated on an unsworn letter and in subsequently denying plaintiff's motion to reopen the hearing (Treppeda v. Treppeda, 212 A.D.2d 592, 622 N.Y.S.2d 749; Bevona v. Alma Realty, 201 A.D.2d 309, 607 N.Y.S.2d 35). Plaintiff's argument disputing the award of counsel fees to defendant on the merits is not supported by the record. We have reviewed plaintiff's remaining contentions and find them to be without merit.

MEMORANDUM DECISION.

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