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Eckstein v. Eckstein

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1998
251 A.D.2d 537 (N.Y. App. Div. 1998)

Opinion

June 22, 1998

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


Ordered that the order dated July 1, 1997, is affirmed insofar as appealed from, without costs or disbursements, and it is further,

Ordered that the appeal from that portion of the order dated September 8, 1997, which denied the cross motion for reargument is dismissed, as no appeal lies from an order denying reargument, and it is further,

Ordered that the order dated September 8, 1997, is affirmed insofar as reviewed, without costs or disbursements.

To the extent that the issues raised on appeal have not been rendered academic by subsequent proceedings, we decline to disturb the pendente lite award in this case. The proper remedy for perceived inequities in a temporary award is to proceed to a speedy trial, where the financial circumstances of the parties can be fully explored (see, Appold v. Savaglio, 249 A.D.2d 347; Horowitz v. Horowitz, 237 A.D.2d 490; Beige v. Beige, 220 A.D.2d 636).

Under the circumstances of this case, including the husband's admitted income of $135,000, the temporary child support award of $450 per week for both of the parties' children was not improper. We note that while a court may properly rely upon the Child Support Standards Act (see, Domestic Relations Law § 240 [1-b]) for guidance in fixing pendente lite child, support, it is not required to apply those guidelines (see, Nordgren v. Nordgren, 237 A.D.2d 498; Stanton v. Stanton, 211 A.D.2d 781).

Pizzuto, J. P., Santucci, Altman and Luciano, JJ., concur.


Summaries of

Eckstein v. Eckstein

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1998
251 A.D.2d 537 (N.Y. App. Div. 1998)
Case details for

Eckstein v. Eckstein

Case Details

Full title:ANDREW ECKSTEIN, Appellant, v. BARBARA ECKSTEIN, Respondent

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

Date published: Jun 22, 1998

Citations

251 A.D.2d 537 (N.Y. App. Div. 1998)
674 N.Y.S.2d 745

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