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Weber v. Weber

Appellate Division of the Supreme Court of New York, Second Department
Sep 21, 1992
186 A.D.2d 189 (N.Y. App. Div. 1992)

Opinion

September 21, 1992

Appeal from the Supreme Court, Kings County (Rigler, J.).


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Although the Supreme Court was not obligated to consider the specific factors enumerated in Domestic Relations Law § 236 (B) (5) (d) and (6) (a) in determining the wife's application for pendente lite relief, the Supreme Court should have set forth the factors considered and the reasons underlying the determination (see, LoMuscio-Hamparian v Hamparian, 137 A.D.2d 500). However, remittitur of the matter is not necessary, as the Appellate Division's authority in this area is as broad as that of the Supreme Court (see, e.g., LoMuscio-Hamparian v Hamparian, supra).

The parties were married on April 6, 1963, and the wife commenced the instant action in November 1989. The husband has an annual income of approximately $103,000, and the wife's annual income is approximately $20,210. The husband voluntarily moved out of the marital residence about five months before the wife commenced this action. Throughout the marriage, the husband had paid the carrying charges on the marital residence, and he voluntarily continued to do so for about seven months after he moved out. Under these circumstances, we find that it is an appropriate accommodation between the reasonable needs of the wife and the financial ability of the husband to provide for those needs, for the husband to be required to pay the condominium charges and mortgage, as well as to maintain medical and dental insurance for the wife (see, Domestic Relations Law § 236 [B] [6] [a]).

We have considered the husband's remaining contentions and find them to be without merit. Mangano, P.J., Rosenblatt, Ritter and Copertino, JJ., concur.


Summaries of

Weber v. Weber

Appellate Division of the Supreme Court of New York, Second Department
Sep 21, 1992
186 A.D.2d 189 (N.Y. App. Div. 1992)
Case details for

Weber v. Weber

Case Details

Full title:JOAN M. WEBER, Respondent, v. DONALD E. WEBER, Appellant

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

Date published: Sep 21, 1992

Citations

186 A.D.2d 189 (N.Y. App. Div. 1992)

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