West v. West

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before LAZER
• Citation: West v. West, 496 N.Y.S.2d 62, 115 A.D.2d 539 (N.Y. App. Div. 1985)
• Decision Date: 09 December 1985
• Parties: Elinore WEST, Appellant-Respondent, v. Charles WEST, Respondent-Appellant.

Page 62

496 N.Y.S.2d 62

115 A.D.2d 539

Elinore WEST, Appellant-Respondent, v. Charles WEST, Respondent-Appellant.

Supreme Court, Appellate Division Second Department.

Dec. 9, 1985.

Taylor, Atkins & Ostrow, Garden City (Michael B. Atkins of counsel), for appellant-respondent.

Koopersmith, Feigenbaum & Potruch, Lake Success (Steven Meisner and Glenn Koopersmith of counsel), for respondent-appellant.

Before LAZER, J.P., and THOMPSON, O'CONNOR, RUBIN and KUNZEMAN, JJ.

MEMORANDUM BY THE COURT.

In a consolidated action for divorce, (1) the parties cross-appeal, as limited by their briefs, from so much of an order of the Supreme Court, New York County (Shorter, J.), dated October 23, 1984, as (a) awarded the plaintiff wife $500 per week as pendente lite maintenance and $500 per week as pendente lite child support and (b) directed the defendant husband to "maintain all life and health insurance for the plaintiff and the children", and (2) the husband appeal, as limited by his brief, from so much of a further order of the same court, dated February 1, 1985, as, in effect, granted reargument and, upon reargument, adhered to its original determination as to insurance (see, e.g., Matter of Alessi v. County of Nassau, 85 A.D.2d 725, 445 N.Y.S.2d 817). The plaintiff's appeal from the order dated October 23, 1984 brings up for review so much of the February 1, 1985 order as, upon "granting" her motion for reargument, adhered to its original determination as to pendente lite maintenance and child support. By order of the Appellate Division, First Department, dated June 11, 1985, venue was changed to Nassau County.

Cross appeals from the order dated October 23, 1984, dismissed, without costs or disbursements. That...