Waterston v. Zuckerman

Full title: ALISSE WATERSTON, Respondent, v. MICHAEL ZUCKERMAN, Appellant

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

Date published: Nov 17, 1986

124 A.D.2d 725 (N.Y. App. Div. 1986)

Opinion

November 17, 1986

Appeal from the Supreme Court, Westchester County (Rosato, J.).

Justice Brown has been substituted for the late Justice Gibbons(see, 22 NYCRR 670.2 [c]).

Ordered that the appeal from the order entered April 2, 1985 is dismissed, as that order was superseded by the order entered July 2, 1985; and it is further,

Ordered that the order entered July 2, 1985 is affirmed insofar as reviewed; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

Based upon the financial circumstances of the parties, we find that the award of temporary counsel fees of $1,500, temporary maintenance of $150 per week and temporary child support of $100 per week was not an abuse of discretion. "We have repeatedly stated that the remedy for an award of temporary maintenance claimed to be unsatisfactory is a speedy trial at which a more detailed examination of the financial situation of the parties may be made" (Sassano v Sassano, 112 A.D.2d 1034, 1035; Rossman v Rossman, 91 A.D.2d 1036; Marcus v Marcus, 91 A.D.2d 991; Jorgensen v Jorgensen, 86 A.D.2d 861; Woram v Gilliam, 78 A.D.2d 796; Hyman v Hyman, 56 A.D.2d 337, 338). Thompson, J.P., Brown, Eiber and Spatt, JJ., concur.