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JOAN SUMNER, PLAINTIFF-RESPONDENT, v. ANTHONY SUMNER, DEFENDANT-APPELLANT.

We decline to disturb the pendente lite award, there being no showing of either exigent circumstances or a failure by the motion court properly to consider the factors specified in Domestic Relations Law § 236(B)(6) and § 237(a) (see, Gad v. Gad, 283 A.D.2d 200). Ordinarily, an aggrieved party's remedy for any perceived inequities in apendente lite award is a speedy trial, and no exception is warranted here (see, Anonymous v. Anonymous, 241 A.D.2d 353). Nor did defendant establish an entitlement to counsel fees in excess of those already awarded (see, Charpie v. Charpie, 271 A.D.2d 169, 171-172.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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SUMNER v. SUMNER
(Dec 18, 2001)