Hudak v. Hudak

Full title: GEORGE N. HUDAK, Appellant, v. SUSAN L. HUDAK, Respondent

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

Date published: Dec 4, 1995

222 A.D.2d 404 (N.Y. App. Div. 1995)

635 N.Y.S.2d 41

Opinion

December 4, 1995

Appeal from the Supreme Court, Westchester County (Barone, J.).

Ordered that the appeal from the order entered December 16, 1994, is dismissed, as that order was superseded by the order entered February 16, 1995, made upon reargument; and it is further,

Ordered that the order entered February 16, 1995, is affirmed insofar as reviewed; and is further,

Ordered that the wife is awarded one bill of costs.

Under the circumstances of this case, where widely divergent views of the parties' financial circumstances have been presented in their submissions, the best remedy for the perceived inequities in the pendente lite awards is a speedy trial at which the disputed issues as to the financial capacity and circumstances of the parties can be fully explored (see, Terceira v Terceira, 193 A.D.2d 729; Mulcahy v Mulcahy, 170 A.D.2d 587; Marohn v Marohn, 157 A.D.2d 771). Balletta, J.P., Rosenblatt, Pizzuto, Joy and Altman, JJ., concur.