Onorato v. Onorato
| Decision Date | 15 June 1987 |
| Citation | 516 N.Y.S.2d 732,131 A.D.2d 650 |
| Parties | Virginia E.M. ONORATO, Respondent, v. Joseph R. ONORATO, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Robert A. Ross, Huntington, for respondent.
Stephen Gassman, Garden City, for appellant.
Before THOMPSON, J.P., and BROWN, NIEHOFF and SPATT, JJ.
MEMORANDUM BY THE COURT.
In an action for a divorce and ancillary relief, the defendant husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Balletta, J), dated March 20, 1986, as awarded the plaintiff, pendente lite, child support and maintenance, directed him to make the monthly mortgage payments on the marital residence, and ordered him to pay certain carrying charges as to that residence.
ORDERED that the order is modified by deleting the provision thereof which directed the defendant to pay gardening expenses not to exceed the sum of $200 per month; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
Although a speedy trial is ordinarily the proper remedy for inequities in an order of support pendente lite, relief may be granted on appeal in the interest of justice (see, Messina v. Messina, 101 A.D.2d 856, 476 N.Y.S.2d 7). The primary concern of the court in determining an application for temporary maintenance is the respective financial conditions of the parties and the movant's need for such support pending trial (see, Stern v. Stern, 106 A.D.2d 631, 632, 483 N.Y.S.2d 113).
Under the circumstances of this case, we find that that portion of the court's order which directed the defendant to pay gardening expenses not to exceed the sum of $200 per month adversely affects the defendant's ability to meet his own expenses and should therefore be deleted in the interest of justice (see, Chachkes v. Chachkes, 107 A.D.2d 786, 787, 484 N.Y.S.2d 619).
To continue reading
Request your trial
- USA Recycling, Inc. v. Town of Babylon
-
Suydam v. Suydam
...238), such as where a party is unable to meet his or her financial obligations or justice otherwise requires (see, Onorato v. Onorato, 131 A.D.2d 650, 516 N.Y.S.2d 732). Here, the parties' actual reasonable expenses, standard of living, and actual and potential earnings, which could either ......
-
Raniolo v. Raniolo
...535, 536, 529 N.Y.S.2d 147), under some circumstances "relief may be granted on appeal in the interest of justice" (Onorato v. Onorato, 131 A.D.2d 650, 516 N.Y.S.2d 732; see also, Wesler v. Wesler, 133 A.D.2d 627, 628, 519 N.Y.S.2d 735). It is well settled that the provisions of the Domesti......
-
Mockler v. Mockler
...Raniolo v. Raniolo, 185 A.D.2d 974, 975, 587 N.Y.S.2d 679; Clemente v. Clemente, 186 A.D.2d 620, 589 N.Y.S.2d 777; Onorato v. Onorato, 131 A.D.2d 650, 516 N.Y.S.2d 732; see also, Roach v. Roach, 193 A.D.2d 660, 597 N.Y.S.2d 468; Masten v. Masten, 150 A.D.2d 693, 694, 541 N.Y.S.2d 566; Richt......