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MALKIN v. MALKIN

200 A.D.2d 442 (1994)

607 N.Y.S.2d 239

Carmel Malkin, Respondent, v. Roger Malkin, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 13, 1994

While the appropriate remedy for review of pendente lite awards in matrimonial actions is a speedy trial, which, in this case, had already been scheduled to start by the time the appeal was heard, the award of maintenance on a tax-free basis was an improvident exercise of discretion under the circumstances of this case, and we accordingly vacate that provision of the pendente lite award (cf., Lasry v Lasry, 180 A.D.2d 488...

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