Budabin v. Budabin

Appellate Division of the Supreme Court of New York

Budabin v. Budabin

32 A.D.2d 910, 301 N.Y.S.2d 959, 1969 N.Y. App. Div. LEXIS 3377

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

DecidedJuly 10, 1969

StatusPublished

This text of 32 A.D.2d 910 (Budabin v. Budabin) 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

Budabin v. Budabin, 32 A.D.2d 910, 301 N.Y.S.2d 959, 1969 N.Y. App. Div. LEXIS 3377 (N.Y. Ct. App. 1969).

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Opinion

Order affirmed, without costs and without disbursements. Concur—• Eager, J. P., Tilzer and Steuer, JJ.; Capozzoli and Nunez, JJ., dissent in the following memorandum by Nunez, J.: I dissent and vote to modify the Family Court order by increasing the allowance for the support of the one-year old child from $75 to $125 per week, and otherwise affirm. The trial court found that the respondent father earns, or has the ability to earn, upwards of $40,000 a year gross. And while the mother’s earnings as a professor amount to approximately $14,000 per year, she cannot pursue her calling unless she employs a nurse to care for the child. If we consider today’s spiraling high cost of living, it is unrealistic to say that $75 per week is sufficient to pay the salary of the nurse and the other expenses of the child.

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Order affirmed, without costs and without disbursements. Concur—• Eager, J. P., Tilzer and Steuer, JJ.; Capozzoli and Nunez, JJ., dissent in the following memorandum by Nunez, J.: I dissent and vote to modify the Family Court order by increasing the allowance for the support of the one-year old child from $75 to $125 per week, and otherwise affirm. The trial court found that the respondent father earns, or has the ability to earn, upwards of $40,000 a year gross. And while the mother’s earnings as a professor amount to approximately $14,000 per year, she cannot pursue her calling unless she employs a nurse to care for the child. If we consider today’s spiraling high cost of living, it is unrealistic to say that $75 per week is sufficient to pay the salary of the nurse and the other expenses of the child.

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Bluebook (online)

32 A.D.2d 910, 301 N.Y.S.2d 959, 1969 N.Y. App. Div. LEXIS 3377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/budabin-v-budabin-nyappdiv-1969.