--Ronald Fields, Petitioner-Appellant, v. Lucille Fields, Defendant-Respondent. (2011)

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Judgment, Supreme Court, New York County (Matthew F. Cooper, J.), entered January 14, 2010, awarding defendant the principal amount of $20,000 plus interest and fees, pursuant to an order, same court and Justice, entered on or about December 9, 2009, and order, same court (Deborah A. Kaplan, J.), entered September 9, 2009, which granted defendant's application for appellate counsel fees, unanimously affirmed, without costs.   Appeals from aforesaid orders unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

When plaintiff appealed the judgment of divorce and a subsequent judgment to this Court (see 65 AD3d 297 [2009], affd 15 NY3d 158 [2010] ), he had not yet paid defendant the distributive award and therefore still controlled the majority of the marital estate.   Accordingly, since plaintiff's respective financial position gave him a distinct advantage over defendant, the court providently exercised its discretion in directing him to pay her appellate counsel fees (see Silverman v. Silverman, 304 A.D.2d 41, 48-49 [2003] ).

We have considered plaintiff's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CLERK