| Hatem v Hatem |
| 2008 NY Slip Op 02791 [49 AD3d 812] |
| March 25, 2008 |
| Appellate Division, Second Department |
| Sandra Elena Hatem, Respondent, v Albert AnthonyHatem, Appellant. |
—[*1] Melvin H. Bernheimer, P.C., Hicksville, N.Y. (Denise Luparello of counsel), forrespondent.
In an action for a divorce and ancillary relief, the defendant appeals from (1) a transcript ofthe Supreme Court, Westchester County (Lubell, J.), dated September 20, 2006, and (2), aslimited by his brief, from so much of an order of the same court entered February 26, 2008, as,after a hearing, granted that branch of the plaintiff's motion which was to modify an order of thesame court (Liebowitz, J.), dated November 1, 2005, to the extent of, inter alia, reallocating theparties' pendente lite obligations and increasing his basic child support obligation.
Ordered that the appeal from the transcript is dismissed, as no appeal lies from a transcript(see Matter of Dwayne G., 264 AD2d 522 [1999]); and it is further,
Ordered that the order is affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to the respondent.
The Supreme Court properly determined that the parties' circumstances had changed in thetime between the entry of a prior pendente lite order and the entry of the order appealed from,and properly granted the plaintiff's request, inter alia, for an increase in the defendant's childsupport obligation.
Modifications of pendente lite awards should rarely be made by an appellate court, and thenonly under exigent circumstances, which do not exist here (see Swickle v Swickle, 47 AD3d 704 [2008]; DeVerna v DeVerna, 4 AD3d 323[2004]). Fisher, J.P., Angiolillo, Balkin and Leventhal, JJ., concur.