Weinberg v. Weinberg

Full title: STEVEN WEINBERG, Appellant, v. PAMELA H. WEINBERG, Respondent

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

Date published: Feb 17, 1998

247 A.D.2d 535 (N.Y. App. Div. 1998)

668 N.Y.S.2d 908

Opinion

February 17, 1998

Appeal from the Supreme Court, Nassau County (DiNoto, J.).

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

Modifications of pendente lite awards should rarely be made by an appellate court and then only under exigent circumstances, such as where a party is unable to meet his or her financial obligations, or justice otherwise requires ( see, Zeitlin v. Zeitlin, 209 A.D.2d 613; Raniolo v. Raniolo, 185 A.D.2d 974). No such exigent circumstances exist here. The proper remedy for any perceived inequity in a pendente lite award is a speedy trial ( see, Zeitlin v. Zeitlin, supra).

Thompson, J. P., Joy, Goldstein and Luciano, JJ., concur.