Dougherty v. Dougherty

Appellate Division of the Supreme Court of New York

Dougherty v. Dougherty

171 A.D.2d 455, 567 N.Y.S.2d 37, 1991 N.Y. App. Div. LEXIS 3215

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 12, 1991

StatusPublished

This text of 171 A.D.2d 455 (Dougherty v. Dougherty) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dougherty v. Dougherty, 171 A.D.2d 455, 567 N.Y.S.2d 37, 1991 N.Y. App. Div. LEXIS 3215 (N.Y. Ct. App. 1991).

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Opinion

Order of the Supreme Court, New York County (Walter Schackman, J.), entered July 19, 1990, which, inter alia, granted plaintiffs motion for leave to renew, and upon renewal, modified a prior order of the Court, entered February 5, 1990 inter alia to the extent of awarding defendant an overall weekly maintenance award of $150 in addition to weekly child support of $130, unanimously affirmed, without costs. The appeal from the order of the same court entered February 5, 1990 is dismissed as superceded, without costs.

The parties, married in 1967, have one child, aged 18. Plaintiff left the marital abode in September 1987 almost two years before the commencement of this action. While plaintiff earns $40,000 annually, defendant earns approximately $18,000.

[456]*456We have examined the record and find that, under the circumstances presented the Court’s award of $150 per week in maintenance, $130 per week in child support, and the direction that plaintiff maintain medical and dental insurance policies for defendant and his son, as well as pay all unreimbursed nonelective medical and dental expenses for the son, and to maintain any existing life insurance designating the son as a beneficiary, is reasonable.

We have repeatedly stated that a prompt trial is the most effective method of resolving any claimed inequities concerning pendente lite awards (Bremer v Miele, 155 AD2d 359). This case does not present us with grounds to deviate from that policy. Concur — Sullivan, J. P., Milonas, Rosenberger, Asch and Smith, JJ.

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Order of the Supreme Court, New York County (Walter Schackman, J.), entered July 19, 1990, which, inter alia, granted plaintiffs motion for leave to renew, and upon renewal, modified a prior order of the Court, entered February 5, 1990 inter alia to the extent of awarding defendant an overall weekly maintenance award of $150 in addition to weekly child support of $130, unanimously affirmed, without costs. The appeal from the order of the same court entered February 5, 1990 is dismissed as superceded, without costs.

The parties, married in 1967, have one child, aged 18. Plaintiff left the marital abode in September 1987 almost two years before the commencement of this action. While plaintiff earns $40,000 annually, defendant earns approximately $18,000.

[456]*456We have examined the record and find that, under the circumstances presented the Court’s award of $150 per week in maintenance, $130 per week in child support, and the direction that plaintiff maintain medical and dental insurance policies for defendant and his son, as well as pay all unreimbursed nonelective medical and dental expenses for the son, and to maintain any existing life insurance designating the son as a beneficiary, is reasonable.

We have repeatedly stated that a prompt trial is the most effective method of resolving any claimed inequities concerning pendente lite awards (Bremer v Miele, 155 AD2d 359). This case does not present us with grounds to deviate from that policy. Concur — Sullivan, J. P., Milonas, Rosenberger, Asch and Smith, JJ.

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Bluebook (online)

171 A.D.2d 455, 567 N.Y.S.2d 37, 1991 N.Y. App. Div. LEXIS 3215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dougherty-v-dougherty-nyappdiv-1991.

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