Opinion
December 10, 1984
Appeal from the Supreme Court, Queens County (Miller, J.).
The first of the above-described orders affirmed and the second such order affirmed insofar as appealed from, without costs or disbursements. The matter is remitted to the Supreme Court, Queens County, for trial as soon as practicable.
Unlike the situation in Harkavy v. Harkavy ( 93 A.D.2d 879), there was "a sufficient showing" in this case that an award of exclusive occupancy of the marital residence prior to trial and without a hearing "was necessary to protect the safety of persons and property". Although the affidavits of the parties contain conflicting factual allegations, there was, unlike the situation in Harkavy v. Harkavy ( supra), "other significant evidence" sufficient to justify the award of exclusive occupancy to the wife. That evidence included, inter alia, the undisputed existence of an outstanding order of protection and affidavits from a teacher and a witness to the defendant's conduct.
We find no merit to defendant's other contentions.
An expeditious trial is appropriate (see Harkavy v. Harkavy, supra). Gibbons, J.P., O'Connor, Niehoff and Lawrence, JJ., concur.