(Download) "Deirdre Gianni v. Thomas Gianni" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Deirdre Gianni v. Thomas Gianni
- Author : Supreme Court of New York
- Release Date : January 01, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
DECISION & ORDER Upon our review of the record, we perceive no reason to substitute our discretion for that of the Supreme
Court with respect to the award of temporary maintenance and child support. The pendente lite support award was not excessive
when viewed in relation to the parties' respective financial circumstances, and the award reflects a proper "accommodation
between the reasonable needs of the moving spouse and the financial ability of the other spouse" to provide support (Polito
v Polito, A.D.2d [2d Dept., Dec. 3, 1990]; Shapiro v Shapiro, A.D.2d [2d Dept., July 2, 1990]). Moreover, as
we have frequently observed, the best remedy for any claimed inequity in a temporary award is a speedy trial (see, e.g., Polito
v Polito, supra; Becker v Becker, 157 A.D.2d 692; Frankel v Frankel, 150 A.D.2d 520). We find, however, that the accountants' affidavit submitted in support of the wife's application for appraisal and accountants'
fees was sufficiently detailed with respect to the assets to be evaluated, the services entailed, and the estimated time involved,
to warrant an interim award (see, Becker v Becker, supra; Ahern v Ahern, 94 A.D.2d 53). Accordingly, given the financial positions
of the respective parties, we conclude that an award of $1,500 in expert appraisal and accounting fees to the wife is appropriate
(see, Domestic Relations Law § 237; Schwartz v Schwartz, 160 A.D.2d 791).