From Casetext: Smarter Legal Research

Lee v. Lee

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1987
131 A.D.2d 820 (N.Y. App. Div. 1987)

Opinion

June 29, 1987

Appeal from the Supreme Court, Westchester County (Wood, J.).


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

We find no abuse of discretion in the trial court's denial of the defendant husband's application for a downward modification of the pendente lite support order based upon an alleged change in his financial circumstances. In reaching this determination, we are compelled to voice again our general disapproval of the practice of taking appeals from orders granting pendente lite relief (Sonitis v Sonitis, 125 A.D.2d 661). The most expedient and best remedy for any perceived inequities in such awards is to press for an early trial (see, e.g., Schlosberg v Schlosberg, 130 A.D.2d 735; Velocci v Velocci, 122 A.D.2d 265, 266).

Nor do we find any merit to the defendant's argument that the trial court erred in refusing to direct that the marital residence be refinanced. Any directive which affects the disposition of marital property should generally be made only after a trial at which the facts regarding the parties' finances and assets may be ascertained. Thompson, J.P., Weinstein, Eiber and Sullivan, JJ., concur.


Summaries of

Lee v. Lee

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1987
131 A.D.2d 820 (N.Y. App. Div. 1987)
Case details for

Lee v. Lee

Case Details

Full title:PIETRINA LEE, Respondent, v. MICHAEL LEE, Appellant

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

Date published: Jun 29, 1987

Citations

131 A.D.2d 820 (N.Y. App. Div. 1987)

Citing Cases

Tillinger v. Tillinger

We take this opportunity to once again voice our general disapproval of the practice of taking appeals from…

Stone v. Stone

Ordered that the order is modified, in the exercise of discretion, by reducing the pendente lite award to the…