Blanket v. Blanket

Appellate Division of the Supreme Court of New York

Blanket v. Blanket

48 A.D.2d 916, 369 N.Y.S.2d 508, 1975 N.Y. App. Div. LEXIS 10192

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 30, 1975

StatusPublished

This text of 48 A.D.2d 916 (Blanket v. Blanket) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blanket v. Blanket, 48 A.D.2d 916, 369 N.Y.S.2d 508, 1975 N.Y. App. Div. LEXIS 10192 (N.Y. Ct. App. 1975).

Pincite

Opinion

Appeal by defendant, as limited by his brief, from so much of a judgment of the Supreme Court, Nassau County, entered August 15, 1973, inter alia granting plaintiff a separation, as awarded plaintiff alimony, child support, counsel fees, and arrears under a temporary support order. Judgment modified, on the facts and in the exercise of discretion, by reducing the award of alimony to $75 per week, the award of support for the parties’ two minor children to $125 per week and the aggregate award of counsel fees and disbursements to $4,000, so that, after crediting the $2,500 heretofore paid, the balance to be paid will be $1,500. As so modified, judgment [917]*917affirmed insofar as appealed from, without costs. In our opinion, the awards for alimony, child support and counsel fees were excessive to the extent indicated herein. We note, however, that our decision is based on the claimed net earnings of appellant for the calendar year 1972 of about $16,000. We note, also, that his dental specialties (orthodontia and peridontia) are lucrative endeavors, as is general dentistry. Hence, this decision is issued without prejudice to any future application for an upward modification in alimony and child support plaintiff may be advised to make in the event appellant’s earnings increase substantially. Rabin, Acting P. J., Hopkins, Latham, Cohalan and Christ, JJ., concur.

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Appeal by defendant, as limited by his brief, from so much of a judgment of the Supreme Court, Nassau County, entered August 15, 1973, inter alia granting plaintiff a separation, as awarded plaintiff alimony, child support, counsel fees, and arrears under a temporary support order. Judgment modified, on the facts and in the exercise of discretion, by reducing the award of alimony to $75 per week, the award of support for the parties’ two minor children to $125 per week and the aggregate award of counsel fees and disbursements to $4,000, so that, after crediting the $2,500 heretofore paid, the balance to be paid will be $1,500. As so modified, judgment [917]*917affirmed insofar as appealed from, without costs. In our opinion, the awards for alimony, child support and counsel fees were excessive to the extent indicated herein. We note, however, that our decision is based on the claimed net earnings of appellant for the calendar year 1972 of about $16,000. We note, also, that his dental specialties (orthodontia and peridontia) are lucrative endeavors, as is general dentistry. Hence, this decision is issued without prejudice to any future application for an upward modification in alimony and child support plaintiff may be advised to make in the event appellant’s earnings increase substantially. Rabin, Acting P. J., Hopkins, Latham, Cohalan and Christ, JJ., concur.

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Bluebook (online)

48 A.D.2d 916, 369 N.Y.S.2d 508, 1975 N.Y. App. Div. LEXIS 10192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blanket-v-blanket-nyappdiv-1975.