Opinion
March 20, 1995
Appeal from the Supreme Court, Suffolk County (Kitson, J.).
Ordered that the order is modified, as a matter of discretion, by deleting the provision thereof which awarded the plaintiff pendente lite maintenance of $125 per week and substituting therefor a provision awarding her pendente lite maintenance of $300 per week; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiff.
As we have repeatedly noted, pendente lite awards should be an accommodation between the reasonable needs of the moving spouse and the financial ability of the other spouse and are to be determined with due regard for the preseparation standard of living (Byer v. Byer, 199 A.D.2d 298). Moreover, although generally the best remedy for any claimed inequity in a temporary award is a speedy trial, "'the rule is not ironclad when the award is deficient'" (Byer v. Byer, supra, at 298; Bernstein v Bernstein, 143 A.D.2d 168, 169). Based upon the foregoing considerations, we conclude that the amount awarded by the Supreme Court was deficient to the extent indicated.
The Supreme Court did not, however, improvidently exercise its discretion in denying the plaintiff's application for interim counsel fees (see, Domestic Relations Law § 237; Wolf v. Wolf, 146 A.D.2d 527). Bracken, J.P., Rosenblatt, Lawrence, Krausman and Goldstein, JJ., concur.