Belfiglio v. Belfiglio
| Decision Date | 03 January 1984 |
| Citation | 99 A.D.2d 462,469 N.Y.S.2d 978 |
| Parties | Susan J. BELFIGLIO, Respondent, v. Ronald A. BELFIGLIO, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Deutsch & Spring, New York City (Laurence E. Deutsch, New York City, of counsel), for appellant.
Clune, White & Nelson, Harrison (Kevin Thomas Conklin, Harrison, of counsel), for respondent.
Before MOLLEN, P.J., and TITONE, O'CONNOR and NIEHOFF, JJ.
MEMORANDUM BY THE COURT.
In a matrimonial action, defendant husband appeals from so much of an order of the Supreme Court, Westchester County, entered April 14, 1983 as amended April 18, 1983, as awarded plaintiff wife the sum of $450 per week in temporary maintenance and child support.
Order as amended affirmed insofar as appealed from, with costs.
The nine specific factors enumerated in Part B of section 236 (subd. 6, par. a) of the Domestic Relations Law do not govern temporary maintenance applications. Accordingly, Special Term, in awarding temporary maintenance, was not obligated to consider them (Liss v. Liss, 87 A.D.2d 681, 682, 448 N.Y.S.2d 814). Special Term's decision, in which it set forth the reasons for the determination reached, complied with the statutory directives (Domestic Relations Law, § 236, Part B, subd. 6, par. b, subd. 7, par. b).
Temporary maintenance is designed to insure that the needy spouse is provided with sufficient funds to meet his or her reasonable needs pending trial (cf. Rossman v. Rossman, 91 A.D.2d 1036, 458 N.Y.S.2d 631; Jorgensen v. Jorgensen, 86 A.D.2d 861, 447 N.Y.S.2d 318). Review of the record indicates that the award is not excessive.
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...while his or her rights are being adjudicated." Burtoff v. Burtoff, 418 A.2d 1085, 1092 (D.C. 1980) ; see Belfiglio v. Belfiglio, 99 A.D.2d 462, 469 N.Y.S.2d 978, 979 (1984) ("Temporary maintenance is designed to insure that the needy spouse is provided with sufficient funds to meet his or ......
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...award of maintenance and child support was not excessive (see Milward v. Milward, 102 A.D.2d 816, 476 N.Y.S.2d 597; Belfiglio v. Belfiglio, 99 A.D.2d 462, 469 N.Y.S.2d 978; Rossman v. Rossman, 91 A.D.2d 1036, 458 N.Y.S.2d 631; Jorgensen v. Jorgensen, 86 A.D.2d 861, 447 N.Y.S.2d 318; cf. Van......
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