Anostario v. Anostario

—Mikoll, J.

Appeal from an order of the Supreme Court (Teresi, J.), entered September 18, 1997 in Albany County, which granted plaintiffs motion for counsel fees.

On or about March 11, 1996, plaintiff commenced this action by service and filing of a summons with notice seeking a divorce based upon constructive abandonment. The action lay dormant pending the outcome of a custody proceeding initiated by plaintiff in Family Court on March 4, 1996, which culminated in an award of custody to plaintiff in April 1997.

This action was scheduled for trial in June 1997. At a pretrial conference shortly…