Opinion
2013-03-20
Richard SHANE, appellant, v. Lori SHANE, respondent.
Mejias Milgrim & Alvarado, P.C., Glen Cove, N.Y. (David L. Mejias of counsel), for appellant. Jeffrey S. Schecter & Associates, P.C., Garden City, N.Y. (Bryce R. Levine of counsel), for respondent.
Mejias Milgrim & Alvarado, P.C., Glen Cove, N.Y. (David L. Mejias of counsel), for appellant. Jeffrey S. Schecter & Associates, P.C., Garden City, N.Y. (Bryce R. Levine of counsel), for respondent.
In an action for a divorce and ancillary relief, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Palmieri, J.), dated September 22, 2011, as granted the defendant's motion for pendente lite relief to the extent of directing the plaintiff to pay the defendant temporary maintenance in the sum of $96,200 per year and interim counsel fees in the sum of $15,000.
ORDERED that the order is affirmed insofar as appealed from, with costs.
“ ‘Modifications of pendente lite awards should rarely be made by an appellate court and then only under exigent circumstances, such as where a party is unable to meet his or her financial obligations, or justice otherwise requires.... [A]ny perceived inequities in pendente lite maintenance can best be remedied by a speedy trial, at which the parties' financial circumstances can be fully explored’ ” ( Trajkovic v. Trajkovic, 98 A.D.3d 575, 575, 949 N.Y.S.2d 706, quoting Dowd v. Dowd, 74 A.D.3d 1013, 1014, 903 N.Y.S.2d 501 [some internal quotation marks omitted]; see Fales v. Fales, 102 A.D.3d 734, 957 N.Y.S.2d 867;Charasz v. Rozenblum, 95 A.D.3d 1057, 1057–1058, 945 N.Y.S.2d 117;McMahon v. McMahon, 94 A.D.3d 958, 942 N.Y.S.2d 588;Palmeri v. Palmeri, 87 A.D.3d 572, 573, 929 N.Y.S.2d 153;Conyea v. Conyea, 81 A.D.3d 869, 870, 917 N.Y.S.2d 874). Here, the plaintiff failed to meet his burden of demonstrating exigent circumstances.
In addition, the Supreme Court providently exercised its discretion in awarding the defendant interim counsel fees in the sum of $15,000 ( see Domestic Relations Law § 237[a]; Coven v. Coven, 82 A.D.3d 1144, 1145, 919 N.Y.S.2d 866).