Lynch v. Hennessy–lynch

• Decision Date: 01 November 2011
• Parties: Joseph LYNCH, respondent,v.Ann Marie HENNESSY–LYNCH, appellant.
• Court: New York Supreme Court — Appellate Division

89 A.D.3d 689

931 N.Y.S.2d 886

2011 N.Y. Slip Op. 07814

Joseph LYNCH, respondent,

v.Ann Marie HENNESSY–LYNCH, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Nov. 1, 2011.

OPINION TEXT STARTS HEREKenneth J. Weinstein, Garden City, N.Y. (Michael J. Langer of counsel), for appellant.DiMascio & Associates, LLP, Garden City, N.Y. (John P. DiMascio, Jr., and Lisa Silverman of counsel), for respondent.Patricia Miller Latzman, Port Washington, N.Y., attorney for the children.

In an action for a divorce and ancillary relief, the defendant wife appeals, as limited by her brief, from so much an order of the Supreme Court, Nassau County (Bruno, J.), dated September 15, 2010, as, after a hearing, granted that branch of the plaintiff husband's motion which was to award him pendente lite exclusive use and occupancy of the marital home.

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court did not improvidently exercise its discretion in granting that branch of the plaintiff husband's motion which was for pendente lite exclusive use and occupancy of the marital home ( see Pascazi v. Pascazi, 52 A.D.3d 664, 861 N.Y.S.2d 95; Shanon v. Patterson, 294 A.D.2d 485, 486, 742 N.Y.S.2d 653; Preston v. Preston, 147 A.D.2d 464, 465, 537 N.Y.S.2d 824; Kristiansen v. Kristiansen, 144 A.D.2d 441, 442, 534 N.Y.S.2d 104).

ANGIOLILLO, J.P., FLORIO, LEVENTHAL and COHEN, JJ., concur.