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Ferdinand v. Ferdinand

Appellate Division of the Supreme Court of New York, Second Department
Dec 3, 2001
289 A.D.2d 195 (N.Y. App. Div. 2001)

Opinion

2000-05596

Submitted November 9, 2001.

December 3, 2001.

In an action for a divorce and ancillary relief, the plaintiff husband appeals, as limited by his brief, from stated portions of an order of the Supreme Court, Suffolk County (Blydenburgh, J.), dated April 25, 2000, which, inter alia, granted the motion of the defendant wife for pendente lite relief to the extent of awarding her temporary maintenance in the sum of $250 per week, an interim counsel fee of $3,000, and an expert fee of $5,000.

David Ferdinand, Patchogue, N.Y. (Stephen Paul Rathjen, Hauppauge, N Y, of counsel), appellant pro se.

Crecca Blair, Hauppauge, N.Y. (Andrew A. Crecca of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., ANITA R. FLORIO, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellant's contention, the financial information submitted by the defendant, including her W-2 statements for 1999, was sufficient to permit the Supreme Court to assess the parties' respective financial circumstances (cf., Mockler v. Mockler, 205 A.D.2d 510). Furthermore, the Supreme Court properly determined the defendant's motion for pendente lite relief without a hearing. The remedy for any perceived inequity in a pendente lite award is a speedy trial (see, Hoenig v. Hoenig, 245 A.D.2d 262; Hudak v. Hudak, 222 A.D.2d 404).

The award of temporary maintenance to the defendant was a provident exercise of discretion, and the appellant failed to present sufficient evidence to support his contention that he is unable to meet his financial obligations (see, Piali v. Piali, 247 A.D.2d 455; Hoenig v. Hoenig, supra). Furthermore, the defendant provided sufficient documentation to support her request for interim counsel and expert fees. The award of such fees was a provident exercise of discretion considering the issues in the case and the parties' respective financial circumstances (see, Piali v. Piali, supra; Ahern v. Ahern, 94 A.D.2d 53; Domestic Relations Law § 237[a], [d]).

The appellant's remaining contentions are without merit.

O'BRIEN, J.P., FLORIO, SCHMIDT and TOWNES, JJ., concur.


Summaries of

Ferdinand v. Ferdinand

Appellate Division of the Supreme Court of New York, Second Department
Dec 3, 2001
289 A.D.2d 195 (N.Y. App. Div. 2001)
Case details for

Ferdinand v. Ferdinand

Case Details

Full title:DAVID FERDINAND, appellant, v. PAULETTE FERDINAND, respondent

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

Date published: Dec 3, 2001

Citations

289 A.D.2d 195 (N.Y. App. Div. 2001)
733 N.Y.S.2d 909

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