Opinion
May 13, 1996
Appeal from the Supreme Court, Suffolk County (Fierro, J.).
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
Temporary maintenance and child support are designed to insure that a needy spouse is provided with funds for his or her support and reasonable needs pending trial, and a speedy trial is the best remedy for perceived inequities in such awards ( see, Beil v Beil, 192 A.D.2d 498; Polito v. Polito, 168 A.D.2d 440; Shapiro v Shapiro, 163 A.D.2d 294; Cohen v. Cohen, 129 A.D.2d 550). On the instant record we see no reason to substitute our discretion for that of the Supreme Court. The award is not excessive in light of all of the relevant factors including the parties' standard of living and the lack of any proof that a change in circumstances has occurred ( see, Wyser-Pratte v. Wyser-Pratte, 66 N.Y.2d 715).
The courts have no authority to order the sale of real property held by tenants by the entirety without the parties' consent unless the legal relationship of husband and wife is first altered through judicial intervention ( see, Kahn v. Kahn, 43 N.Y.2d 203, 210; Berk v. Berk, 170 A.D.2d 564, 565).
We have reviewed the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Joy, Krausman and Florio, JJ., concur.