Kallenberg v. Kallenberg

167 A.D.2d 987, 563 N.Y.S.2d 705, 1990 N.Y. App. Div. LEXIS 14347

Opinion

Order unanimously affirmed with costs. Memorandum: Plaintiff appeals from an order which awarded her maintenance pendente lite, and referred her request for in terim counsel fees to the trial court. On this record, consisting of conflicting affidavits, we see no reason to substitute our discretion for that of Supreme Court (see, Stone v Stone, 152 AD2d 560; Cohen v Cohen, 129 AD2d 550, 551). Appeals from the granting of pendente lite relief are not favored and it is more expedient and economical to proceed promptly to trial (see, Berger v Berger, 125 AD2d 285). (Appeal from order of Supreme Court, Nassau County, Yachnin, J.—temporary support.) Present—Boomer, J. P., Green, Pine, Balio and Lawton, JJ.