Opinion
2002-11463
Argued April 15, 2003.
May 12, 2003.
In an action for a divorce and ancillary relief, the defendant husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Falanga, J.), dated December 9, 2002, as granted those branches of the plaintiff wife's motion which were for temporary exclusive occupancy of the marital residence and temporary physical custody of the parties' children.
Martin K. Lang, P.C., Garden City, N.Y. (Jamie J. Berman of counsel), for appellant.
Newman Cahn, LLP, Carle Place, N.Y. (Neil R. Cahn of counsel), for respondent.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, GABRIEL M. KRAUSMAN, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
Under the circumstances of this case, the Supreme Court providently exercised its discretion in awarding the plaintiff wife temporary exclusive occupancy of the marital home and physical custody of the parties' children (see Cervetti v. Yankowitz, 272 A.D.2d 567; Lazich v. Lazich, 189 A.D.2d 750). The best remedy for the inequities alleged by the defendant husband is a speedy trial (see Cervetti v. Yankowitz, supra; Dosamantes v. Dosamantes, 231 A.D.2d 671, 672; Shiff v. Shiff, 190 A.D.2d 786, 787; Lazich v. Lazich, supra at 752).
RITTER, J.P., ALTMAN, KRAUSMAN and CRANE, JJ., concur.