Opinion
April 29, 1991
Appeal from the Supreme Court, Putnam County (Dickinson, J.).
Ordered that the order dated November 6, 1989, is modified, on the law and as a matter of discretion, by reducing the award of temporary maintenance to $1,000 per month; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
Notwithstanding the fact that a speedy trial is ordinarily the proper remedy to rectify inequities in orders directing payment of temporary maintenance, pendente lite relief may be modified on appeal where the interest of justice warrants (see, Wesler v Wesler, 133 A.D.2d 627, 628). Where court-ordered temporary maintenance payments are so prohibitive as to prevent the payor spouse from meeting his or her own financial obligations, relief may be granted (see, Wesler v. Wesler, supra; Crowley v. Crowley, 120 A.D.2d 559; Chachkes v. Chachkes, 107 A.D.2d 786).
In the instant case, the record reveals that the defendant cannot meet the financial obligations imposed upon him by the Supreme Court's order without virtually exhausting his entire net monthly income. The subject award did not adequately take into account the defendant's reasonable needs (see, Hill v. Hill, 121 A.D.2d 270). Accordingly, the circumstances of this case warrant a reduction of temporary maintenance to the sum of $1,000 per month. This amount suffices to meet the plaintiff's expenses and constitutes a reasonable accommodation between the parties (see, Crowley v. Crowley, supra; Van Ess v. Van Ess, 100 A.D.2d 848). Thompson, J.P., Brown, Kunzeman and Balletta, JJ., concur.