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WEINBERG v. WEINBERG

Appellate Division of the Supreme Court of New York, Second Department.
Feb 17, 1998

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

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, Zeitlin v. Zeitlin, 209 A.D.2d 613; Raniolo v. Raniolo, 185 A.D.2d 974). No such exigent circumstances exist here. The proper remedy for any perceived inequity in a pendente lite award is a speedy trial ( see, Zeitlin v. Zeitlin, supra).

Thompson, J. P., Joy, Goldstein and Luciano, JJ., concur.