Stein v. Stein

Appellate Division of the Supreme Court of New York

Stein v. Stein

7 A.D.3d 325, 775 N.Y.S.2d 850, 2004 N.Y. App. Div. LEXIS 6691

Appellate Division of the Supreme Court of the State of New York·Decided May 11, 2004·Published

Opinion

Order, Supreme Court, New York County [326] (Laura Visitacion-Lewis, J.), entered January 17, 2003, which granted plaintiff pendente relief in a matrimonial action, and order, same court and Justice, entered October 3, 2003, which denied defendant’s motion for a downward modification, unanimously affirmed, without costs.

Defendant fails to show either exigent circumstances or a failure by the motion court to properly consider the factors specified in Domestic Relations Law § 236 (B) (6), § 237 (a) and § 240 (1-b) (c) and (f). His remedy for any perceived inequities in the award is a prompt trial (see Anonymous v Anonymous, 241 AD2d 353 [1997]). Concur—Tom, J.P., Andrias, Saxe, Sullivan and Marlow, JJ.

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Order, Supreme Court, New York County [326] (Laura Visitacion-Lewis, J.), entered January 17, 2003, which granted plaintiff pendente relief in a matrimonial action, and order, same court and Justice, entered October 3, 2003, which denied defendant’s motion for a downward modification, unanimously affirmed, without costs.

Defendant fails to show either exigent circumstances or a failure by the motion court to properly consider the factors specified in Domestic Relations Law § 236 (B) (6), § 237 (a) and § 240 (1-b) (c) and (f). His remedy for any perceived inequities in the award is a prompt trial (see Anonymous v Anonymous, 241 AD2d 353 [1997]). Concur—Tom, J.P., Andrias, Saxe, Sullivan and Marlow, JJ.

Stein v. Stein, 7 A.D.3d 325, 775 N.Y.S.2d 850, 2004 N.Y. App. Div. LEXIS 6691 (N.Y. Ct. App. 2004).

Pincite

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Opinion

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