—Appeal from a *936judgment of Supreme Court, Onondaga County (Paris, J.), entered May 17, 2002, which awarded defendant counsel fees in the amount of $10,000 with interest, plus costs and disbursements.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously vacated without costs.

Same memorandum as in Filkins v Filkins ([appeal No. 3] 303 AD2d 934 [2003]). Present — Pigott, Jr., P.J., Green, Scudder, Kehoe and Lawton, JJ.