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Palamara v. Palamara

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 2001
279 A.D.2d 559 (N.Y. App. Div. 2001)

Opinion

January 25, 2001.

In an action for a divorce and ancillary relief, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Molia, J.), dated July 6, 1999, as granted that branch of the defendant's motion which was for an award of maintenance and an attorney's fee pendente lite.

Daniel R. Cawley, Mastic, N.Y., for appellant.

Robert D. Gallo, Lake Ronkonkoma, N.Y., for respondent.

Before: DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the appeal from so much of the order as awarded the defendant an attorney's fee pendente lite is dismissed as withdrawn; and it is further,

ORDERED that the order is affirmed insofar as reviewed; and it is further,

ORDERED that the defendant is awarded one bill of costs.

The Supreme Court's award of maintenance pendente lite was a reasonable accommodation between the plaintiff`s means and the defendant's needs, considering the parties' preseparation standard of living (see, Domestic Relations Law § 236[B][6]). Contrary to the plaintiff's contention, the parties' conflicting allegations should be resolved at trial, when they can be fully explored (see, Wolfson v. Wolfson, 272 A.D.2d 470).


Summaries of

Palamara v. Palamara

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 2001
279 A.D.2d 559 (N.Y. App. Div. 2001)
Case details for

Palamara v. Palamara

Case Details

Full title:ALBERT PALAMARA, APPELLANT, v. BEVERLEY PALAMARA, RESPONDENT

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

Date published: Jan 25, 2001

Citations

279 A.D.2d 559 (N.Y. App. Div. 2001)
719 N.Y.S.2d 608

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