Whitten v. Whitten

Appellate Division of the Supreme Court of New York

Whitten v. Whitten

57 A.D.2d 591, 393 N.Y.S.2d 600, 1977 N.Y. App. Div. LEXIS 11584

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

DecidedApril 18, 1977

StatusPublished

This text of 57 A.D.2d 591 (Whitten v. Whitten) 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

Whitten v. Whitten, 57 A.D.2d 591, 393 N.Y.S.2d 600, 1977 N.Y. App. Div. LEXIS 11584 (N.Y. Ct. App. 1977).

Pincite

Opinion

In a separation action, the defendant husband appeals from so much of an order of the Supreme Court, Suffolk County, dated October 19, 1976, as (1) awarded plaintiff-respondent alimony, child support and a counsel fee pendente lite, and (2) directed him to pay the carrying charges on the marital residence. Order affirmed insofar as appealed from, without costs or disbursements. The record amply supports the determination of the Special Term. Appeals from orders pendente lite made on contested issues, absent a genuine necessity, should not be pursued. A speedy trial is the better solution. Cohalan, Acting P. J., Hawkins, Mollen and O’Connor, JJ., concur.

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In a separation action, the defendant husband appeals from so much of an order of the Supreme Court, Suffolk County, dated October 19, 1976, as (1) awarded plaintiff-respondent alimony, child support and a counsel fee pendente lite, and (2) directed him to pay the carrying charges on the marital residence. Order affirmed insofar as appealed from, without costs or disbursements. The record amply supports the determination of the Special Term. Appeals from orders pendente lite made on contested issues, absent a genuine necessity, should not be pursued. A speedy trial is the better solution. Cohalan, Acting P. J., Hawkins, Mollen and O’Connor, JJ., concur.

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Bluebook (online)

57 A.D.2d 591, 393 N.Y.S.2d 600, 1977 N.Y. App. Div. LEXIS 11584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitten-v-whitten-nyappdiv-1977.