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Aquart v. Aquart

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1992
182 A.D.2d 735 (N.Y. App. Div. 1992)

Opinion

April 20, 1992

Appeal from the Supreme Court, Queens County (Nahman, J.).


Ordered that the order is affirmed, with costs.

The husband's claim that the order granting the wife pendente lite relief is void because it was issued six days after his attorney withdrew from the case is belied by the record. A review reveals that the order granting pendente lite relief was dated February 26, 1990, whereas the order granting the application of the husband's attorney to withdraw as counsel was dated March 26, 1990. In any event, there exists no authority to support the husband's proposition that the withdrawal of counsel prior to the issuance of a judgment or order renders the determination void (see, CPLR 321).

We note additionally that the remedy for the inequities alleged by the husband in the pendente lite award is a speedy trial at which a more detailed examination of the parties' financial circumstances may be conducted (see, Caviolo v Caviolo, 155 A.D.2d 410; Sherman v Sherman, 135 A.D.2d 806; Isham v Isham, 123 A.D.2d 742).

In any event, the award of exclusive occupancy of the marital residence to the wife was warranted in this case based on the existence of an order of protection which established that the relief sought by the wife was necessary to protect her safety (see, Preston v Preston, 147 A.D.2d 464). Sullivan, J.P., Lawrence, Eiber and Pizzuto, JJ., concur.


Summaries of

Aquart v. Aquart

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1992
182 A.D.2d 735 (N.Y. App. Div. 1992)
Case details for

Aquart v. Aquart

Case Details

Full title:PAMELA P. AQUART, Respondent, v. JOHN R. AQUART, Appellant

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

Date published: Apr 20, 1992

Citations

182 A.D.2d 735 (N.Y. App. Div. 1992)
582 N.Y.S.2d 483

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