Opinion
December 20, 1985
Appeal from the Supreme Court, Erie County, Ostrowski, J.
Present — Doerr, J.P., Boomer, O'Donnell, Pine and Schnepp, JJ.
Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: Plaintiff failed to make an adequate showing that Janice R. Lemke and Robert E. Levi are currently seeking to dispose of possible marital assets. Thus we modify the order by deleting the provision restraining them from transferring or otherwise disposing of marital property in their possession until a full accounting may be had thereof following the trial of the action (see, Steinberg v Steinberg, 87 A.D.2d 782, appeal dismissed 57 N.Y.2d 673). It was within the court's discretion to permit Robert E. Levi to be added as a party defendant (see, Schmidt v Schmidt, 99 A.D.2d 775) and to require inventory appraisal of alleged marital property.