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ROBERT C. ZERILLI, Appellant-Respondent, v. MIRIAM ZERILLI, Respondent-Appellant.

Order modified by: (1) adding thereto provisions directing plaintiff to continue to provide life insurance coverage and all necessary dental and drug expenses for defendant and the infant issue of the parties, and to continue to provide defendant with the exclusive use of a certain 1979 Dodge automobile and to pay all costs of operating and maintaining the same; and (2) deleting therefrom the provision referring the issue of a pendente lite counsel fee to the trial court and substituting therefor a provision granting that branch of her omnibus motion to the extent of awarding her the sum of $2,000, with leave to apply to the trial court for an additional allowance. As so modified, order affirmed, insofar as appealed from, without costs or disbursements. Plaintiff's time to pay defendant the sum awarded as a pendente lite counsel fee is extended until 30 days after service upon him of a copy of the order to be made hereon, with notice of entry.

In light of defendant's lack of income or significant assets, Special Term should have granted, to the extent indicated above, those branches of her omnibus motion which sought a direction that plaintiff provide life insurance coverage and all dental and drug expenses for defendant and the infant issue of the parties, afford defendant the exclusive use of an automobile (with plaintiff to pay the costs of operating and maintaining the same), and pay an award of pendente lite counsel fees to defendant. We have considered the parties' remaining contentions and find them to be without merit. Mollen, P.J., Mangano, Thompson and O'Connor, JJ., concur.

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ZERILLI v. ZERILLI
(Apr 1, 1985)