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Clancy v. Clancy

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 11, 1986
122 A.D.2d 563 (N.Y. App. Div. 1986)

Opinion

July 11, 1986

Appeal from the Supreme Court, Monroe County, Bergin, J.

Present — Doerr, J.P., Denman, Green, Pine and Schnepp, JJ.


Order unanimously affirmed, without costs. Memorandum: Defendant wife appeals from so much of an order of Special Term as denied her application for temporary maintenance pending divorce proceedings. Defendant claims that the court erred in failing to set forth each of the factors it considered pursuant to Domestic Relations Law § 236 (B) (6) (a), (b). We disagree. These factors do not govern temporary maintenance applications (see, Belfiglio v Belfiglio, 99 A.D.2d 462; Berley v Berley, 97 A.D.2d 726, 727; Liss v Liss, 87 A.D.2d 681, 682). On this record, Special Term did not abuse its discretion in denying defendant's application because the parties were married less than a month prior to their separation and defendant is able to support herself. In affirming, we reiterate our prior holdings that the remedy for any claimed inequity in an award of temporary maintenance is a speedy trial, not an appeal (Cloutier v Cloutier, 94 A.D.2d 974; Kunerth v Kunerth, 58 A.D.2d 1010; Vesper v Vesper, 46 A.D.2d 729).


Summaries of

Clancy v. Clancy

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 11, 1986
122 A.D.2d 563 (N.Y. App. Div. 1986)
Case details for

Clancy v. Clancy

Case Details

Full title:JOHN W. CLANCY, Respondent, v. CHRISTINE M. CLANCY, Appellant

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

Date published: Jul 11, 1986

Citations

122 A.D.2d 563 (N.Y. App. Div. 1986)

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