Opinion
March 24, 1986
Appeal from the Supreme Court, Westchester County (Beisner, J.).
Appeal from so much of the order dated November 8, 1984, as amended, as awarded the plaintiff wife the sum of $4,185.63 dismissed. That portion of the order dated November 8, 1984 was superseded by the judgment entered November 20, 1984.
Appeal from the order of Justice Martin dated November 28, 1984 dismissed. That order was superseded by the judgment dated December 3, 1984 ( see, Matter of Aho, 39 N.Y.2d 241, 248).
Order dated November 8, 1984, as amended, affirmed, insofar as reviewed.
Judgment entered November 20, 1984 affirmed.
Order of Justice Beisner dated November 28, 1984 affirmed.
Judgment dated December 3, 1984 affirmed.
The plaintiff is awarded one bill of costs.
Based on the evidence in the record, Special Term properly awarded the wife money judgments representing arrears in amounts the husband failed to pay pursuant to a pendente lite order (see, e.g., Ruffolo v. Ruffolo, 114 A.D.2d 843; Moore v. Moore, 111 A.D.2d 375; Domestic Relations Law § 244). Moreover, the fact that the arrears represent, in part, unpaid mortgage payments, telephone and utility bills, insurance premiums, and automobile lease payments, does not necessitate a reversal of the judgments based on those arrears, because such payments directed by a pendente lite order, as opposed to a final judgment, do not represent open-ended obligations (cf. Belcastro v. Belcastro, 104 A.D.2d 625).
Special Term acted within its discretion by ordering the husband to post $20,000 security for the payment of future pendente lite child support and maintenance (see, Domestic Relations Law § 243). We have reviewed the husband's other contentions and find them to be without merit. Lawrence, J.P., Eiber, Kunzeman and Kooper, JJ., concur.