Cloutier v. Cloutier

• Decision Date: 25 May 1983
• Citation: 463 N.Y.S.2d 739,94 A.D.2d 974
• Parties: Eugene CLOUTIER, Respondent, v. Joan CLOUTIER, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 739

463 N.Y.S.2d 739

94 A.D.2d 974

Eugene CLOUTIER, Respondent, v. Joan CLOUTIER, Appellant.

Supreme Court of New York, Appellate Division, Fourth Department.

May 25, 1983

Kaman, Berlove, Marafioti, Jacobstein & Goldman by Jack Kaman, Rochester, for appellant. Joan de R. O'Byrne, Rochester, for respondent.

Order unanimously affirmed with costs. Memorandum: Defendant wife appeals from so much of an order at Special Term as temporarily determines maintenance, pending divorce proceedings. In affirming, we note that courts have repeatedly held that "the remedy for any claimed inequity in awards of temporary alimony, child support or maintenance is a speedy trial where the respective finances of the parties can be ascertained and a permanent award based on the evidence may be made" (Vesper v. Vesper, 46 A.D.2d 729, 359 N.Y.S.2d 1009; see Woram v. Gilliam, 78 A.D.2d 796, 433 N.Y.S.2d 4; Sterlace v. Sterlace, 63 A.D.2d 450, 406 N.Y.S.2d 934). (Appeal from Order of Supreme Court, Monroe County, Rosenbloom, J.--Temporary Maintenance.)

HANCOCK, J.P., and CALLAHAN, DENMAN, GREEN and MOULE, JJ., concur.