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McLAUGHLIN v. McLAUGHLIN

Appellate Division of the Supreme Court of New York, Second Department.
Oct 31, 1988

Ordered that the order is modified, on the law, by deleting the provision thereof which states that "[t]he obligation to pay maintenance shall cease upon plaintiff's death"; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiff wife.

We find that the temporary awards of $850 per week to the plaintiff for her maintenance, $7,500 in counsel fees and $9,000 in accountants' fees are not unreasonable in light of the relative financial circumstances of the parties (see, Dooley v Dooley, 128 A.D.2d 669; Van Ess v Van Ess, 100 A.D.2d 848). The court erred however in making the temporary maintenance award payable until the plaintiff's death. A temporary maintenance award is effective only until a permanent award, if any, is made after trial (see, Yecies v Yecies, 108 A.D.2d 813, 814; Isham v Isham, 123 A.D.2d 742). Consequently this portion of the order must be deleted. Mangano, J.P., Thompson, Brown and Sullivan, JJ., concur.