Opinion
2012-02-21
Pamela FLINK, respondent-appellant, v. Stephen FLINK, appellant-respondent.
Hopkins & Kopilow, Garden City, N.Y. (Stanley R. Kopilow of counsel), for appellant-respondent. Leonard R. Sperber, Garden City, N.Y., for respondent-appellant.
Hopkins & Kopilow, Garden City, N.Y. (Stanley R. Kopilow of counsel), for appellant-respondent. Leonard R. Sperber, Garden City, N.Y., for respondent-appellant.
In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Bruno, J.), dated March 8, 2010, as directed him to pay pendente lite maintenance in the sum of $600 per week and pendente lite child support in the sum of $574.75 per week, and the plaintiff cross-appeals from the same order.
ORDERED that the cross appeal is dismissed as abandoned; and it is further,
ORDERED that the order is affirmed insofar as appealed from; and it is further,
ORDERED that one bill of costs is awarded to the plaintiff.
“Modifications of pendente lite awards should rarely be made by an appellate court and then only under exigent circumstances, such as when a party cannot meet his or her financial obligations” ( Avello v. Avello, 72 A.D.3d 850, 852, 899 N.Y.S.2d 337). Perceived inequities in a pendente lite order can best be remedied by a speedy trial at which the parties' financial circumstances can be fully explored ( see Palmeri v. Palmeri, 87 A.D.3d 572, 929 N.Y.S.2d 153). Here, the defendant has demonstrated no basis upon which to modify the award of temporary maintenance to the plaintiff ( id.).
The defendant's remaining contentions are without merit.
The cross appeal must be dismissed as abandoned, as the plaintiff does not seek in her brief reversal or modification of any portion of the order ( see Ferri v. Ferri, 71 A.D.3d 949, 950, 896 N.Y.S.2d 890).