LEVAKIS v. LEVAKIS

ORDERED that the order dated December 11, 2002, is affirmed; and it is further,

ORDERED that the orders dated February 25, 2003, and April 7, 2003, are affirmed insofar as appealed from; and it is further,

ORDERED that one bill of costs is awarded to the plaintiff.

Modifications of pendente lite awards should rarely be made by an appellate court and then only under exigent circumstances, such as where a party is unable to meet his or her financial obligations, or justice otherwise requires ( see DeVerna v. DeVerna, 4 A.D.3d 323; Weinberg v. Weinberg, 247 A.D.2d 535, 536). Pendente lite awards "should be an accommodation between the reasonable needs of the moving spouse and the financial ability of the other spouse, with due regard for the preseparation standard of living" ( Byer v. Byer, 199 A.D.2d 298; see DeVerna v. DeVerna, supra). A speedy trial is ordinarily the proper remedy to rectify a perceived inequity in a pendente lite award ( see Campanaro v. Campanaro, 292 A.D.2d 330, 331; DeVerna v. DeVerna, supra; Weinberg v. Weinberg, supra).

The Supreme Court providently exercised its discretion in, inter alia, awarding the plaintiff $350 per week in temporary maintenance and $350 per week in temporary child support. In addition, the Supreme Court properly enjoined the defendant from disposing of or otherwise encumbering his interest in one of his businesses ( see Joseph v. Joseph, 230 A.D.2d 716, 717; Taft v. Taft, 156 A.D.2d 444, 446). Moreover, in light of the disparate earnings of the parties, the Supreme Court properly directed the defendant to pay the plaintiff interim counsel and accountant's fees ( see Domestic Relations Law § 237; DeVerna v. DeVerna, supra; Palumbo v. Palumbo, 292 A.D.2d 358, 361; French v. French, 288 A.D.2d 256; Anonymous v. Anonymous, 257 A.D.2d 458, 459; Beige v. Beige, 220 A.D.2d 636, 637).

The defendant's remaining contentions are without merit.

ALTMAN, J.P., SMITH, S. MILLER and CRANE, JJ., concur.