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Gianni v. Gianni

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 487 (N.Y. App. Div. 1991)

Opinion

April 1, 1991

Appeal from the Supreme Court, Suffolk County (Doyle, J.).


Ordered that the order is modified, as a matter of discretion, by deleting the provision thereof referring that branch of the plaintiff wife's motion which was for an interim award of appraisal and accountants' fees to the trial court, and substituting therefor a provision awarding her the sum of $1,500 in interim appraisal and accountants' fees; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with costs payable to the plaintiff.

Upon our review of the record, we perceive no reason to substitute our discretion for that of the Supreme Court with respect to the award of temporary maintenance and child support. The pendente lite support award was not excessive when viewed in relation to the parties' respective financial circumstances, and the award reflects a proper "accommodation between the reasonable needs of the moving spouse and the financial ability of the other spouse" to provide support (Polito v. Polito, 168 A.D.2d 440, 441; Shapiro v. Shapiro, 163 A.D.2d 294). Moreover, as we have frequently observed, the best remedy for any claimed inequity in a temporary award is a speedy trial (see, e.g., Polito v. Polito, supra; Becker v. Becker, 157 A.D.2d 692; Frankel v. Frankel, 150 A.D.2d 520).

We find, however, that the accountants' affidavit submitted in support of the wife's application for appraisal and accountants' fees was sufficiently detailed with respect to the assets to be evaluated, the services entailed, and the estimated time involved, to warrant an interim award (see, Becker v. Becker, supra; Ahern v. Ahern, 94 A.D.2d 53). Accordingly, given the financial positions of the respective parties, we conclude that an award of $1,500 in expert appraisal and accounting fees to the wife is appropriate (see, Domestic Relations Law § 237; Schwartz v. Schwartz, 160 A.D.2d 791).

In light of the fact that a $5,000 retainer has already been paid to the wife's attorneys, we find that the Supreme Court's interim counsel fee award of $1,000 was sufficient to allow her to properly proceed in this action (see, Domestic Relations Law § 237).

We have considered the parties' remaining contentions and find them to be without merit. Thompson, J.P., Eiber, Balletta and O'Brien, JJ., concur.


Summaries of

Gianni v. Gianni

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 487 (N.Y. App. Div. 1991)
Case details for

Gianni v. Gianni

Case Details

Full title:DEIRDRE GIANNI, Appellant-Respondent, v. THOMAS GIANNI…

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

Date published: Apr 1, 1991

Citations

172 A.D.2d 487 (N.Y. App. Div. 1991)
568 N.Y.S.2d 113

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