Opinion
October 2, 1995
Appeal from the Supreme Court, Nassau County (Kutner, J., Alpert, J.).
Ordered that the order entered February 5, 1993, is affirmed insofar as appealed from; and it is further,
Ordered that the order dated January 27, 1993, and the order entered September 14, 1994, are affirmed; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
Because the divorce action was not commenced in the Supreme Court until after the commencement of the support proceeding, the Family Court had jurisdiction over that proceeding (see, Matter of Spilman-Toll v. Toll, 209 A.D.2d 1015). The Supreme Court properly exercised its discretion in denying the defendant's motion to transfer the Family Court support proceeding to the Supreme Court (see, Kagen v. Kagen, 21 N.Y.2d 532, 537-538).
The Supreme Court properly awarded the plaintiff, pendente lite, the use of the automobile and properly directed the defendant to pay the insurance and the maintenance expenses of the automobile. The court also properly directed the defendant to maintain long-distance telephone service for the plaintiff and to pay $25 per month toward the cost of the long-distance service (see, O'Connor v. O'Connor, 207 A.D.2d 334; Suydam v. Suydam, 167 A.D.2d 752, 753).
The plaintiff commenced the divorce action in 1991, prior to the enactment of CPLR 306-a. In any event, it appears that the plaintiff did in fact purchase an index number. Any error in the transcription of that index number was a mere irregularity rather than a jurisdictional defect (see, CPLR 305; Cellular Tel. Co. v. Village of Tarrytown, 209 A.D.2d 57; Chira v. Global Med. Review, 160 Misc.2d 368; Kleinman, Saltzman Good-friend v Marshall, 158 Misc.2d 640).
The defendant's remaining contentions are either not properly before this Court as they are raised for the first time on appeal, or without merit. Mangano, P.J., Bracken, Balletta and Hart, JJ., concur.