Opinion
2002-11498.
Decided February 17, 2004.
In an action for a divorce and ancillary relief, the plaintiff husband appeals from so much of an order of the Supreme Court, Suffolk County (Whelan, J.), dated November 22, 2002, as denied his motion for pendente lite relief.
Garrett R. Lacara, P.C., Sayville, N.Y., for appellant.
Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, ROBERT W. SCHMIDT and WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The appropriate remedy for any perceived inequity in a pendente lite award is a prompt trial ( see Rizk v. Rizk, 254 A.D.2d 403, 404; Byrne v. Byrne, 240 A.D.2d 689; Shipman v. Shipman, 237 A.D.2d 426). The defendant wife established that she has only meager income and assets. She further submitted evidence indicating that the defendant husband has possession and control of substantial marital assets, the disposition of which he failed to adequately explain and substantiate.
The defendant's remaining contentions are without merit.
SANTUCCI, J.P., FLORIO, SCHMIDT and MASTRO, JJ., concur.