Osborne v. Osborne

Full title: LOIS J. OSBORNE, Respondent, v. GEORGE R. OSBORNE, Appellant

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

Date published: Jan 29, 1991

169 A.D.2d 641 (N.Y. App. Div. 1991)

564 N.Y.S.2d 773

Opinion

January 29, 1991

Appeal from the Supreme Court, New York County (Carmen Ciparick, J.).

Defendant's argument that the trial court erroneously applied the financial information contained in defendant's sworn submissions, and that consequently the temporary maintenance award herein is excessive, is not supported by the record. The trial court duly considered and balanced the relevant factors enumerated in Domestic Relations Law § 236 (B) (6) in granting this relatively modest award (Baker v Baker, 120 A.D.2d 374). The appropriate remedy for a dispute over a temporary award of maintenance is a prompt trial. (Sayer v Sayer, 130 A.D.2d 407.)

Concur — Rosenberger, J.P., Ellerin, Wallach, Smith and Rubin, JJ.