Ravishankar v Apontes, 2018 NY Slip Op 08965 [167 AD3d 1053]

December 26, 2018

Appellate Division, Second Department

[*1]

Shreyas Ravishankar, Appellant,

v

Pasha Apontes, Respondent.

Law Offices of Russell I. Marnell, P.C., East Meadow, NY, for appellant.

Pasha Apontes, Williston Park, NY, respondent pro se.

In an action for a divorce and ancillary relief, the plaintiff appeals from stated portions of a judgment of the Supreme Court, Nassau County (Geoffrey J. O’Connell, J.H.O.), dated August 10, 2015. The judgment, insofar as appealed from, upon a decision and an amended decision of the same court dated January 16, 2014, and April 2, 2015, respectively, made after a nonjury trial, inter alia, awarded the defendant a 15% share of the plaintiff’s enhanced earning capacity and awarded the defendant counsel fees in the sum of $20,000.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in awarding the defendant a 15% share of the plaintiff’s enhanced earning capacity, based upon the defendant’s contributions to the marital household, including caring for the parties’ children while the plaintiff was in medical school ( see Scaramucci v Scaramucci , 140 AD3d 848 [2016]; Kuznetsov v Kuznetsova , 79 AD3d 974 [2010]; Schwartz v Schwartz , 67 AD3d 989 [2009]; Guha v Guha , 61 AD3d 634 [2009]).

The Supreme Court also providently exercised its discretion in awarding the defendant counsel fees in the sum of $20,000 ( see Domestic Relations Law § 237 [a]). The court properly considered the relevant financial circumstances of the parties, and the particular circumstances of the case ( see Bagielto v Kolsch , 148 AD3d 766 [2017]).

The plaintiff’s remaining contention is without merit. Chambers, J.P., Austin, Roman and Iannacci, JJ., concur..