Nabi v. Nabi

—Order unanimously reversed* on the law without costs and application denied with leave to renew in accordance with the following Memorandum: Supreme Court improvidently exercised its discretion in granting plaintiffs application and awarding plaintiff counsel fees in the amount of $8,500 (see, Lee v Chan, 245 AD2d 270). The parties’ separation agreement, incorporated into the amended judgment of divorce, authorizes an application for counsel fees only in connection with enforcement proceedings or appeals. Plaintiffs application improperly sought counsel fees from the inception of the action;…