Seidmanv.Seidman

Appellate Division of the Supreme Court of New York, Second DepartmentApr 14, 2003
304 A.D.2d 645 (N.Y. App. Div. 2003)
304 A.D.2d 645757 N.Y.S.2d 754

2002-05714

Submitted March 13, 2003.

April 14, 2003.

In an action for a divorce and ancillary relief, the defendant husband appeals from an order of the Supreme Court, Nassau County (Raab, J.), dated May 31, 2002, which granted that branch of the plaintiff wife's motion which was for pendente lite child support to the extent of awarding her child support in the sum of $632.92 per week.

Dikman Dikman, Lake Success, N.Y. (David S. Dikman of counsel), for appellant.

Bondi Iovino, Mineola, N.Y. (Anthony F. Iovino and Debra Welsh of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, LEO F. McGINITY, STEPHEN G. CRANE, JJ.


DECISION ORDER

ORDERED that the order is modified, as a matter of discretion, by deleting the provision thereof awarding pendente lite child support in the sum of $632.92 per week and substituting therefor a provision awarding pendente lite child support in the sum of $400 per week; as so modified, the order is affirmed, without costs or disbursements.

A speedy trial is ordinarily the proper remedy to rectify a perceived inequity in a pendente lite award. Nevertheless, such an award may be modified on appeal where justice so dictates (see e.g. Stanton v. Stanton, 211 A.D.2d 781; Bagner v. Bagner, 207 A.D.2d 367, 368; Fascaldi v. Fascaldi, 186 A.D.2d 532; Raniolo v. Raniolo, 185 A.D.2d 974, 975; Wesler v. Wesler, 133 A.D.2d 627, 628; Chachkes v. Chachkes, 107 A.D.2d 786). Under the circumstances of this case, we exercise our discretion to reduce the award of pendente lite child support to the sum of $400 per week.

ALTMAN, J.P., SMITH, McGINITY and CRANE, JJ., concur.