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Selznick v. Selznick

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1998
251 A.D.2d 489 (N.Y. App. Div. 1998)

Opinion

June 15, 1998

Appeal from the Supreme Court, Richmond County (Ponterio, J.).


Ordered that the order dated June 9, 1997, is reversed insofar as appealed and cross-appealed from, on the law, without costs or disbursements, that branch of the defendant's cross motion which was to vacate so much of the preliminary conference order dated April 9, 1997, as directed him to pay the cost of appraisals of certain real property and an accountant's report is granted, the preliminary conference order dated April 9, 1997, is amended accordingly, the provision of the order dated June 9, 1997, which granted the plaintiff temporary maintenance commencing June 1, 1997 is deleted, and a provision granting her temporary maintenance commencing March 17, 1997, is substituted therefor.

The Supreme Court erred in directing the defendant to pay the cost of appraisals of certain real property and an accountant's report as the plaintiff failed to submit a proper application for such relief, including, inter alia, "the services to be rendered and an estimate of the time involved" ( Ahern v. Ahern, 94 A.D.2d 53, 58; Domestic Relations Law § 237 [d]; see also, Darvas v. Darvas, 242 A.D.2d 554; Corrao v. Corrao, 209 A.D.2d 573; Roach v. Roach, 193 A.D.2d 660). The plaintiff may renew her application upon proper papers ( see, Corrao v. Corrao, supra; Roach v. Roach, supra).

As the defendant correctly concedes, the Supreme Court should have made the award of temporary maintenance effective as of March 17, 1997, the date of service of the plaintiff's application ( see, Domestic Relations Law § 236 [B] [6]; Caviolo v. Caviolo, 155 A.D.2d 410; Dooley v. Dooley, 128 A.D.2d 669).

Miller, J.P., O'Brien, Pizzuto and Friedmann, JJ., concur.


Summaries of

Selznick v. Selznick

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1998
251 A.D.2d 489 (N.Y. App. Div. 1998)
Case details for

Selznick v. Selznick

Case Details

Full title:LINDA SELZNICK, Respondent-Appellant, v. STEVEN O. SELZNICK…

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

Date published: Jun 15, 1998

Citations

251 A.D.2d 489 (N.Y. App. Div. 1998)
673 N.Y.S.2d 919

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