Cullen v. Cullen

• Decision Date: 05 October 1990
• Citation: 166 A.D.2d 889,561 N.Y.S.2d 659
• Parties: Jac'Line CULLEN, Respondent, v. John S. CULLEN, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 659

561 N.Y.S.2d 659

166 A.D.2d 889

Jac'Line CULLEN, Respondent, v. John S. CULLEN, Appellant.

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

October 5, 1990

McGee

& Gelman by Brendan Burke, Buffalo, for appellant. Condon & Pieri, P.C. by John Pieri, Buffalo, for respondent.

Order unanimously affirmed with costs. Memorandum: Defendant-husband argues on appeal that Supreme Court, in making a temporary award of a credit card allowance of $4,000 per month, has, in effect, awarded plaintiff additional maintenance pendente lite. Plaintiff-wife concedes that the court has effectively awarded her additional temporary maintenance, but argues that if defendant feels aggrieved by this temporary award, his remedy is to seek a speedy trial rather than to appeal the temporary order. We agree. This Court has held that the remedy for any claimed inequity in an award of temporary maintenance is a speedy trial, not an appeal (Clancy v. Clancy, 122 A.D.2d 563, 505 N.Y.S.2d 291; Williams v. Williams, 105 A.D.2d 1160, 482 N.Y.S.2d 715; Cloutier v. Cloutier, 94 A.D.2d 974, 463 N.Y.S.2d 739; Sterlace v. Sterlace, 63 A.D.2d 450, 406 N.Y.S.2d 934; Kunerth v. Kunerth, 58 A.D.2d 1010, 397 N.Y.S.2d 39; Vesper v. Vesper, 46 A.D.2d 729, 359 N.Y.S.2d 1009). (Appeal from Order of Supreme Court, Erie County, Manz, J.--Divorce.)

CALLAHAN, J.P., and GREEN, BALIO and DAVIS, JJ., concur.