Capalone v. Capalone

Appellate Division of the Supreme Court of New York

Capalone v. Capalone

1 A.D.2d 776, 147 N.Y.S.2d 547, 1956 N.Y. App. Div. LEXIS 6680

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

DecidedJanuary 9, 1956

StatusPublished

This text of 1 A.D.2d 776 (Capalone v. Capalone) 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

Capalone v. Capalone, 1 A.D.2d 776, 147 N.Y.S.2d 547, 1956 N.Y. App. Div. LEXIS 6680 (N.Y. Ct. App. 1956).

Pincite

Opinion

In an action for separation, the appeal is from an order made on January 26, 1955, granting a motion for alimony pendente lite and for a counsel'fee, and from an order made on February 17, 1955, granting reargument of said motion but adhering to the original decision. Order of February 17, 1955, modified by striking out everything following the word “ reargument ” in the second ordering paragraph and by substituting in lieu thereof provisions to the effect that the amount fixed in the order of January 26, 1955, for alimony be reduced from $75 a week to $50 a week, that the amount fixed therein as counsel fee be reduced from $750 to $500, and that each of the two payments on account of said counsel fee be reduced from $375 to $250. The amounts awarded as alimony and counsel fee are excessive. The amounts to which we presently reduce said awards are based on the papers in the record before us. At the time of the trial of the action it may be that the facts can be fully developed and that, based thereon, a determination might correctly be made that provision for support of respondent and the issue of the marriage in a judgment, if granted, should be in a different amount. Appeal from order dated January 26, 1955, dismissed, without costs. Nolan, P. J., Wenzel, Beldock, Murphy and Ughetta, JJ., concur.

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In an action for separation, the appeal is from an order made on January 26, 1955, granting a motion for alimony pendente lite and for a counsel'fee, and from an order made on February 17, 1955, granting reargument of said motion but adhering to the original decision. Order of February 17, 1955, modified by striking out everything following the word “ reargument ” in the second ordering paragraph and by substituting in lieu thereof provisions to the effect that the amount fixed in the order of January 26, 1955, for alimony be reduced from $75 a week to $50 a week, that the amount fixed therein as counsel fee be reduced from $750 to $500, and that each of the two payments on account of said counsel fee be reduced from $375 to $250. The amounts awarded as alimony and counsel fee are excessive. The amounts to which we presently reduce said awards are based on the papers in the record before us. At the time of the trial of the action it may be that the facts can be fully developed and that, based thereon, a determination might correctly be made that provision for support of respondent and the issue of the marriage in a judgment, if granted, should be in a different amount. Appeal from order dated January 26, 1955, dismissed, without costs. Nolan, P. J., Wenzel, Beldock, Murphy and Ughetta, JJ., concur.

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Bluebook (online)

1 A.D.2d 776, 147 N.Y.S.2d 547, 1956 N.Y. App. Div. LEXIS 6680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capalone-v-capalone-nyappdiv-1956.