Summary
In Sloan v Sloan (127 A.D.2d 650, 651), the Appellate Division, Second Department, stated: "The most effective remedy for the present situation would be to speedily proceed to trial where the disputed financial issues may be resolved (see, Basch v Basch, 114 A.D.2d 829)."
Summary of this case from Tolson v. TolsonOpinion
February 9, 1987
Appeal from the Supreme Court, Nassau County (Robbins, J.).
Ordered, that the order is reversed, on the law and in the exercise of discretion, without costs or disbursements, and the motion is denied.
It was an improvident exercise of discretion for the Supreme Court, Nassau County, to direct that the plaintiff receive nearly 64% of the proceeds from the voluntary sale of the marital residence, the sole major marital asset, to be used toward her purchase of a new home, in the absence of any statutory authorization for an interim distribution of marital assets, particularly in light of the numerous economic issues that remain for consideration (see, Stewart v. Stewart, 118 A.D.2d 455; Monroe v. Monroe, 108 A.D.2d 793; Rubin v. Rubin, 99 A.D.2d 774; Domestic Relations Law § 236 [B] [5] [a], [d]; cf., Leibowits v Leibowits, 93 A.D.2d 535). The most effective remedy for the present situation would be to speedily proceed to trial where the disputed financial issues may be resolved (see, Basch v. Basch, 114 A.D.2d 829). Thompson, J.P., Niehoff, Lawrence and Kunzeman, JJ., concur.