Joseph Lynch, respondent, v Ann Marie Hennessy–Lynch, appellant. v. << (2011)

Argued—October 13, 2011

DECISION & ORDER

Patricia Miller Latzman, Port Washington, N.Y., attorney for the children.

In an action for a divorce and ancillary relief, the defendant wife appeals, as limited by her brief, from so much an order of the Supreme Court, Nassau County (Bruno, J.), dated September 15, 2010, as, after a hearing, granted that branch of the plaintiff husband's motion which was to award him pendente lite exclusive use and occupancy of the marital home.

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court did not improvidently exercise its discretion in granting that branch of the plaintiff husband's motion which was for pendente lite exclusive use and occupancy of the marital home (see Pascazi v. Pascazi, 52 AD3d 664;  Shanon v. Patterson, 294 A.D.2d 485, 486;  Preston v. Preston, 147 A.D.2d 464, 465;  Kristiansen v. Kristiansen, 144 A.D.2d 441, 442).

ANGIOLILLO, J.P., FLORIO, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court