Opinion
Submitted February 15, 2001.
March 12, 2001.
In an action for a divorce and ancillary relief, the plaintiff appeals, as limited by his brief and the stipulation of the parties, from so much of an order of the Supreme Court, Westchester County (Scancarelli, J.), dated March 29, 2000, as awarded the defendant temporary maintenance and child support in the amount of $500 per week, and temporary exclusive possession and use of the marital residence.
Louis A. H. Pepper, Great Neck, N.Y., for appellant.
Kimberly S. Thomsen, Mt. Kisco, N.Y., for respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
Contrary to the plaintiff's contentions, the Supreme Court's determination pertaining to temporary maintenance and child support was a provident exercise of its discretion (see, Ash v. Ash, 262 A.D.2d 436; Hoenig v. Hoenig, 245 A.D.2d 262). Likewise, the Supreme Court providently exercised its discretion in awarding temporary exclusive possession and use of the marital residence to the defendant without conducting a full evidentiary hearing (see, Foulke v. Foulke, 226 A.D.2d 583; Lazich v. Lazich, 189 A.D.2d 750). The proper remedy for any perceived inequities in a pendente lite award is to proceed with a speedy trial (see, Wolfson v. Wolfson, 272 A.D.2d 470; Lazich v. Lazich, supra).