Opinion
November 23, 1998
Appeal from the Supreme Court, Rockland County (Sherwood, J.).
Ordered that the order is affirmed, with costs.
Pendente lite awards of maintenance and child support should rarely be modified by an appellate court, and even then only under exigent circumstances, such as where a party is unable to meet his or her financial obligations or when justice otherwise requires it ( see, Albanese v. Albanese, 234 A.D.2d 489; Zeitlin v. Zeitlin, 209 A.D.2d 613; Bagner v. Bagner, 207 A.D.2d 367). It is still the general rule that the proper remedy for any perceived inequity in a pendente lite award is a speedy trial ( see, Podwal v. Podwal, 234 A.D.2d 530; Gianni v. Gianni, 172 A.D.2d 487). The pendente lite award made by the Supreme Court was not an improvident exercise of discretion and should not be disturbed on appeal.
Rosenblatt, J. P., Miller, Thompson and Joy, JJ., concur.