Block v. Block

Saxe and Gonzalez, JJ.,

dissent in part in a memorandum by Saxe, J., as follows: Although nominally taking issue solely with the fee awarded to pay for the appeal of the pendente lite counsel fee award, the majority today, in less than four full *346pages, has begun an assault upon the developing case law intended to “make sure that marital litigation is shaped not by the power of the bankroll but by the power of the evidence” (Scheinkman, Practice Commentaries, McKinneys Cons Laws of NY, Book 14, Domestic Relations Law C237:l, at 6, citing O’Shea v O’Shea, 93 NY2d 187). Its decision encourages a…