Opinion
March 1, 1978
Appeal from the Fulton Supreme Court.
Present — Marsh, P.J., Dillon, Hancock, Jr., Denman and Witmer, JJ.
Order unanimously affirmed, without costs. Memorandum: In affirming the order of Special Term which temporarily determined alimony, support, and other matters pending divorce proceedings, we note that "appeals from the granting of temporary alimony are not favored, as it is clearly more expedient and less consuming of both judicial time and that of the attorneys if counsel would promptly proceed to trial in accordance with section 249 Dom. Rel. of the Domestic Relations Law, which has legislatively expressed the entitlement to preference in the trial of such matters where justice so requires." (Gostin v Gostin, 41 A.D.2d 606.) The trial court is in the best position to make a permanent award of alimony and support as well as to provide for a final disposition of the marital property and custody of the issue of the marriage based on evidence adduced at the plenary trial. (See Muscarello v Muscarello, 52 A.D.2d 932; Levene v Levene, 41 A.D.2d 530; De Gasper v De Gasper, 31 A.D.2d 886.)