Boyce v. Boyce

Appellate Division of the Supreme Court of New York

Boyce v. Boyce

33 A.D.2d 1001, 307 N.Y.S.2d 824, 1970 N.Y. App. Div. LEXIS 5593

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

DecidedFebruary 5, 1970

StatusPublished

This text of 33 A.D.2d 1001 (Boyce v. Boyce) 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

Boyce v. Boyce, 33 A.D.2d 1001, 307 N.Y.S.2d 824, 1970 N.Y. App. Div. LEXIS 5593 (N.Y. Ct. App. 1970).

Pincite

Opinion

Order entered October 29, 1969, granting temporary alimony and counsel fees modified on the law and the facts by reducing the alimony to $250 per week and the counsel fee to $2,500, and as so modified affirmed, without costs and without disbursements. We find that the evidence submitted on this motion is inadequate to support the determination that the defendant enjoyed an income far in excess of his reported income. On the showing made we find the amounts above set out to be in accord with the proof. We recognize that the proof on the trial may be more ample and, if so, could warrant a different disposition, as to which we express no opinion whatever. Should either party feel aggrieved, the remedy is to seek an early trial (Orenstein v. Orenstein, 24 A D 2d 753). Concur — Capozzoli, J. P., Markewich, Steuer and Maeken, JJ.

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Order entered October 29, 1969, granting temporary alimony and counsel fees modified on the law and the facts by reducing the alimony to $250 per week and the counsel fee to $2,500, and as so modified affirmed, without costs and without disbursements. We find that the evidence submitted on this motion is inadequate to support the determination that the defendant enjoyed an income far in excess of his reported income. On the showing made we find the amounts above set out to be in accord with the proof. We recognize that the proof on the trial may be more ample and, if so, could warrant a different disposition, as to which we express no opinion whatever. Should either party feel aggrieved, the remedy is to seek an early trial (Orenstein v. Orenstein, 24 A D 2d 753). Concur — Capozzoli, J. P., Markewich, Steuer and Maeken, JJ.

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Bluebook (online)

33 A.D.2d 1001, 307 N.Y.S.2d 824, 1970 N.Y. App. Div. LEXIS 5593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyce-v-boyce-nyappdiv-1970.