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Rigaglia v. Rigaglia

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 2000
277 A.D.2d 216 (N.Y. App. Div. 2000)

Opinion

Submitted October 10, 2000.

November 6, 2000.

In an action for a divorce and ancillary relief, the defendant husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Lefkowitz, J.), dated July 8, 1999, as granted the plaintiff wife's motion for pendente lite maintenance, child support, and counsel fees.

Lieberman LeBovit Brofman, Yorktown Heights, N.Y. (Mitchell P. Lieberman of counsel), for appellant.

Kaminsky Rich, White Plains, N.Y. (Walter L. Rich of counsel), for respondent.

Before: GUY JAMES MANGANO, P.J., DAVID S. RITTER, SONDRA MILLER, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The court providently exercised its discretion in awarding pendente lite maintenance, child support, and counsel fees (see, Domestic Relations Law § 236[B][6]; Piali v. Piali, 247 A.D.2d 455, 456; Lloyd v. McGrath, 246 A.D.2d 630). Moreover, the court correctly imputed income to the parties (see, Mellen v. Mellen, 260 A.D.2d 609; Brown v. Brown, 239 A.D.2d 535; Matter of Prill v. Mandell, 237 A.D.2d 445, 446; Matter of Mobley-Jennings v. Dare, 226 A.D.2d 730). The proper remedy for any perceived inequities in such an award is a speedy trial, where the financial circumstances of the parties can be explored on a full record (see, Piali v. Piali, supra; Lloyd v. McGrath, supra).


Summaries of

Rigaglia v. Rigaglia

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 2000
277 A.D.2d 216 (N.Y. App. Div. 2000)
Case details for

Rigaglia v. Rigaglia

Case Details

Full title:MELISSA RIGAGLIA, RESPONDENT, v. CARMELO RIGAGLIA, APPELLANT

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

Date published: Nov 6, 2000

Citations

277 A.D.2d 216 (N.Y. App. Div. 2000)
716 N.Y.S.2d 321

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