| Strauss v Saadatmand |
| 2011 NY Slip Op 07686 [89 AD3d 415] |
| November 1, 2011 |
| Appellate Division, First Department |
| Linda Strauss, Respondent, v Babak Saadatmand,Appellant. |
—[*1] Linda Strauss, respondent pro se
Order, Supreme Court, Bronx County (Latia W. Martin, J.), entered on or about April 15,2010, which, in this divorce action, to the extent appealed from as limited by the briefs, denieddefendant's application for sanctions, and granted plaintiff's cross motion to the extent ofdirecting defendant, during the pendency of this action, to maintain health insurance for plaintiffupon consent and any existing life insurance policies, and pay $2,000 per month in child support,75% of all child care expenses, and 100% of the child's unreimbursed medical expenses,unanimously affirmed, without costs.
We decline to disturb the pendente lite award. There is no showing of either exigentcircumstances or a failure by Supreme Court to consider the appropriate factors, such as theparties' respective incomes and their preseparation standard of living (see Mimran v Mimran, 83 AD3d550, 550 [2011]; Ayoub vAyoub, 63 AD3d 493, 497 [2009], appeal dismissed 14 NY3d 921 [2010]). Therecord does not support defendant's contention that plaintiff's property assets constituted part ofher compensation during the marriage (compare Isaacs v Isaacs, 246 AD2d 428, 428-429[1998]).
Supreme Court providently exercised its discretion in denying defendant's request forsanctions. Plaintiff's commencement of this action in New York does not constitute frivolousconduct (see 22 NYCRR 130-1.1; Granato v Granato, 51 AD3d 589, 590 [2008]).
We have considered defendant's remaining contentions and find them unavailing.Concur—Gonzalez, P.J., Tom, Sweeny, Renwick and RomÁn, JJ.