Isaacs v. Isaacs , 747 N.Y.2d 361 ( 2002 )

The interim $25,000 fee award was a proper exercise of discretion under Domestic Relations Law § 238 (see Silberman v Silberman, 216 AD2d 41, appeal dismissed 86 NY2d 835). Any right defendant had to a hearing on plaintiff’s cross motion was waived by his failure to object to its determination on the papers submitted, or to otherwise request a hearing (see Beal v Beal, 196 AD2d 471, 473). Concur — Mazzarelli, J.P., Andrias, Buckley, Sullivan and Lerner, JJ.