Opinion
2003-03732.
Decided March 8, 2004.
In an action, inter alia, for a divorce and ancillary relief, the defendant husband appeals, as limited by his brief, from stated portions of an order of the Supreme Court, Westchester County (Spolzino, J.), dated April 10, 2003, which, among other things, awarded pendente lite child support and maintenance and directed him to pay the carrying charges on the marital residence.
Peluso Touger, New York, N.Y. (Carl T. Peluso of counsel), for appellant.
Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, DANIEL F. LUCIANO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
"Modifications of pendente lite maintenance and child support should rarely be made by an appellate court, and then only under exigent circumstances, such as when a party is unable to meet his or her financial obligations, or when justice otherwise requires" ( Verderame v. Verderame, 247 A.D.2d 609; see Aliano v. Aliano, 285 A.D.2d 522). The husband did not demonstrate that the pendente lite award left him unable to meet his own financial obligations ( see Pezza v. Pezza, 300 A.D.2d 555; Grant v. Grant, 299 A.D.2d 521, 522; Aliano v. Aliano, supra). Any inequities perceived by the husband can best be remedied by a speedy trial ( see Verderame v. Verderame, supra; Weinberg v. Weinberg, 247 A.D.2d 535, 536; Shipman v. Shipman, 237 A.D.2d 426, 427; Pascale v. Pascale, 226 A.D.2d 439, 440).
The husband's remaining contention is without merit.
ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.