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

Parisis G. FILIPPATOS, Plaintiff-Appellant, v. Elizabeth Driscoll FILIPPATOS, Defendant-Respondent.

Decided: October 13, 2005

TOM, J.P., SAXE, NARDELLI, CATTERSON, MALONE, JJ. Philip Sherwood Greenhaus, New York, for appellant. Mayerson Stutman, LLP, New York (Michael D. Stutman of counsel), for respondent.

Order, Supreme Court, New York County (Joan B. Lobis, J.), entered December 29, 2004, which, insofar as appealed from as limited by the briefs, granted defendant's cross motion for interim counsel fees to the extent of awarding $30,000, unanimously affirmed, without costs.

The award of interim counsel fees was properly based upon consideration of, inter alia, defendant's indigence, plaintiff's financial resources and plaintiff's failure to substantiate claims that required an emergency two-day hearing on the issue of custody (Domestic Relations Law § 237;  see Wechsler v. Wechsler, 19 A.D.3d 157, 796 N.Y.S.2d 593 [2005] ).   We have considered and rejected plaintiff's argument that the award lacks appropriate evidentiary support.