Opinion
October 31, 1988
Appeal from the Supreme Court, Westchester County (Nastasi, J.).
Ordered that the order is modified, on the law, by deleting the provision thereof which states that "[t]he obligation to pay maintenance shall cease upon plaintiff's death"; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiff wife.
We find that the temporary awards of $850 per week to the plaintiff for her maintenance, $7,500 in counsel fees and $9,000 in accountants' fees are not unreasonable in light of the relative financial circumstances of the parties (see, Dooley v Dooley, 128 A.D.2d 669; Van Ess v Van Ess, 100 A.D.2d 848). The court erred however in making the temporary maintenance award payable until the plaintiff's death. A temporary maintenance award is effective only until a permanent award, if any, is made after trial (see, Yecies v Yecies, 108 A.D.2d 813, 814; Isham v Isham, 123 A.D.2d 742). Consequently this portion of the order must be deleted. Mangano, J.P., Thompson, Brown and Sullivan, JJ., concur.