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Sherman v. Sherman

Appellate Division of the Supreme Court of New York, Second Department
Dec 28, 1987
135 A.D.2d 806 (N.Y. App. Div. 1987)

Opinion

December 28, 1987

Appeal from the Supreme Court, Queens County (Glass, J.).


Ordered that the appeal from the order dated July 30, 1986 is dismissed as that order was superseded by the order dated November 19, 1986, made upon reargument; and it is further,

Ordered that the order dated November 19, 1986 is affirmed insofar as appealed from, with one bill of costs.

Contrary to the defendant's contention, we conclude, based upon the financial information contained in the record, that the Supreme Court did not abuse its discretion in awarding her the sum of $25 per week as pendente lite maintenance. In any event, the remedy for any alleged inequities in a pendente lite award is a speedy trial, at which time a more detailed examination of the facts and circumstances of the parties may be conducted (see, Jorgensen v Jorgensen, 86 A.D.2d 861, mod on other grounds 86 A.D.2d 881).

With respect to the propriety of the issuance of an order of protection in favor of the plaintiff, we note that the record contains unrefuted evidence that the defendant had access to weapons. Moreover, the defendant admitted that she shot her first husband, though she claimed that she had acted in self-defense. In view of these circumstances, we conclude that the Supreme Court did not act improvidently in granting the plaintiff's application for an order of protection. Thompson, J.P., Rubin, Eiber and Sullivan, JJ., concur.


Summaries of

Sherman v. Sherman

Appellate Division of the Supreme Court of New York, Second Department
Dec 28, 1987
135 A.D.2d 806 (N.Y. App. Div. 1987)
Case details for

Sherman v. Sherman

Case Details

Full title:BERNARD SHERMAN, Respondent, v. JOSEPHINE SHERMAN, Also Known as JOSEPHINE…

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

Date published: Dec 28, 1987

Citations

135 A.D.2d 806 (N.Y. App. Div. 1987)

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