Carolyn Paulson, respondent, v. Kenneth Paulson, appellant. (2013)

Submitted—April 22, 2013 2012–01006

DECISION & ORDER

In a matrimonial action in which the parties were divorced by judgment of divorce entered December 22, 2008, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (McNulty, J.), dated December 12, 2011, as granted those branches of the plaintiff's cross motion which were to enforce his health insurance obligation in the parties' stipulation of settlement, which was incorporated but not merged in their judgment of divorce, and for an award of an attorney's fee.

ORDERED that the order is affirmed insofar as appealed from, with costs.

Moreover, “[i]n exercising its discretionary power to award counsel fees, a court should review the financial circumstances of both parties together with all the other circumstances of the case, which may include the relative merit of the parties' positions, as well as the tactics of a party in unnecessarily prolonging the litigation” (Franco v. Franco, 97 AD3d 785, 786–787).   Under the circumstances of this case, the Supreme Court's award of an attorney's fee to the plaintiff was a provident exercise of discretion (see Franco v. Franco, 97 AD3d at 786–787;  D'Anna v. D'Anna, 17 AD3d 400, 402;  Lazansky v. Lazansky, 148 A.D.2d 501, 503).

ANGIOLILLO, J.P., HALL, ROMAN and HINDS–RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court