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Tillinger v. Tillinger

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 1988
141 A.D.2d 535 (N.Y. App. Div. 1988)

Opinion

June 6, 1988

Appeal from the Supreme Court, Nassau County (Brucia, J.).


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

Upon our review of the record we find that the trial court did not improvidently exercise its discretion in denying that branch of the defendant's motion which was for an order directing the plaintiff to pay all of the carrying charges on the marital residence (McKee v McKee, 96 A.D.2d 531).

We also find that the court properly granted that branch of the plaintiff wife's cross motion which was for the exclusive possession of the marital residence. The defendant, who has voluntarily established an alternative residence for himself, concedes that he removed himself from the marital home in order to avoid "continuing marital difficulties, which might lead to violence" (see, Wolfe v Wolfe, 111 A.D.2d 809).

The record reveals that the award of counsel fees to the plaintiff was proper (see, Domestic Relations Law § 237).

We have considered the defendant's remaining contentions and find them to be without merit.

We note this action has been pending for 5 1/2 years. We take this opportunity to once again voice our general disapproval of the practice of taking appeals from orders granting pendente lite relief (Sonitis v Sonitis, 125 A.D.2d 661). "The most expedient and best remedy for any perceived inequities in such awards is to press for an early trial (see, e.g., Schlosberg v Schlosberg, 130 A.D.2d 735; Velocci v Velocci, 122 A.D.2d 265, 266)" (Lee v Lee, 131 A.D.2d 820, 821). Bracken, J.P., Brown, Lawrence and Spatt, JJ., concur.


Summaries of

Tillinger v. Tillinger

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 1988
141 A.D.2d 535 (N.Y. App. Div. 1988)
Case details for

Tillinger v. Tillinger

Case Details

Full title:MADELINE TILLINGER, Respondent, v. SEYMOUR TILLINGER, Appellant

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

Date published: Jun 6, 1988

Citations

141 A.D.2d 535 (N.Y. App. Div. 1988)

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