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Aliano v. Aliano

Appellate Division of the Supreme Court of New York, Second Department
Jul 16, 2001
285 A.D.2d 522 (N.Y. App. Div. 2001)

Opinion

Submitted June 8, 2001.

July 16, 2001.

In an action for a divorce and ancillary relief, the plaintiff husband appeals, as limited by his brief, from stated portions of an order of the Supreme Court, Nassau County (Austin, J.), dated June 13, 2000, which, inter alia, directed him to pay the carrying charges on the marital residence, temporary child support in the amount of $300 weekly, and school, camp, karate, and music expenses for the parties' youngest child.

Aliano, Aliano Aliano, Westbury, N.Y. (Robert J. Aliano of counsel), for appellant.

Dominic A. Barbara, Garden City, N.Y. (Maxine K. Last of counsel), for respondent.

Before: GABRIEL M. KRAUSMAN, J.P., SONDRA MILLER, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.


ORDERED that the order is affirmed insofar as appealed from, with costs.

"Modifications of pendente lite maintenance and child support should rarely be made by an appellate court, and then only under exigent circumstances, such as when a party is unable to meet his or her financial obligations, or when justice otherwise requires" (Verderame v. Verderame, 247 A.D.2d 609). The husband did not demonstrate that the pendente lite award complained of left him unable to meet his own financial obligations (see, Schneider v. Schneider, 264 A.D.2d 728; Zeitlin v. Zeitlin, 209 A.D.2d 613).

Rather, the assessment represents an adequate accommodation between the reasonable needs of both parties (see, Salerno v. Salerno, 142 A.D.2d 670). Any inequities perceived by the husband can best be remedied by a speedy trial (see, Verderame v. Verderame, 247 A.D.2d 609; Weinberg v. Weinberg, 247 A.D.2d 535).

The husband's remaining contentions are without merit.

KRAUSMAN, J.P., S. MILLER, SCHMIDT and COZIER, JJ., concur.


Summaries of

Aliano v. Aliano

Appellate Division of the Supreme Court of New York, Second Department
Jul 16, 2001
285 A.D.2d 522 (N.Y. App. Div. 2001)
Case details for

Aliano v. Aliano

Case Details

Full title:RICHARD ALIANO, appellant, v. ELYSE SONNENSHEIN ALIANO, respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 16, 2001

Citations

285 A.D.2d 522 (N.Y. App. Div. 2001)
727 N.Y.S.2d 656

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