Opinion
July 7, 1997
Appeal from the Supreme Court, Nassau County (Franco, J.).
Ordered that the appeal from the order dated April 24, 1996, is dismissed, as that order was superseded by the order dated July 8, 1996, made upon reargument; and it is further,
Ordered that the order dated July 8, 1996, is affirmed insofar as appealed from; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
Modifications of pendente lite awards should rarely be made by an appellate court and then only under exigent circumstances ( see, Albanese v. Albanese, 234 A.D.2d 489). Under the circumstances of this case, we conclude that the pendente lite order of the Supreme Court should not be disturbed on appeal.
The defendant's remaining contentions are without merit.
Bracken, J. P., Copertino, Santucci and McGinity, JJ., concur.