Catell v. Catell

Appellate Division of the Supreme Court of New York

Catell v. Catell

42 A.D.2d 565, 344 N.Y.S.2d 1000, 1973 N.Y. App. Div. LEXIS 4245

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

DecidedJune 4, 1973

StatusPublished

This text of 42 A.D.2d 565 (Catell v. Catell) 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

Catell v. Catell, 42 A.D.2d 565, 344 N.Y.S.2d 1000, 1973 N.Y. App. Div. LEXIS 4245 (N.Y. Ct. App. 1973).

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Opinion

In an action for divorce, the plaintiff wife appeals from so much of a judgment of the Supreme Court, Nassau County, entered June 23, 1972, granting her a divorce, as (1) directed defendant (a) to pay her $135 per week for alimony -and support and maintenance of the parties’ three infant children (b) to pay only certain carrying charges on the parties’ marital residence and (2) in granting defendant visitation with the children, permitted him to take the children “to such place or places -as he may desire.” Judgment modified, on the law and the facts and in the exercise of discretion, by (1) adding to the fourth decretal paragraph thereof a provision allocating the award of $135 per week as follows: $60 per week for plaintiff’s alimony and $75 per week for support and maintenance of the children and (2) adding “water charges ” to the list of carrying charge items in the sixth decretal paragraph thereof. As so modified, judgment affirmed insofar as appealed from, without costs. In balancing the needs of appellant with respondent’s ability to pay, we think the judgment should be modified as indicated herein. Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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In an action for divorce, the plaintiff wife appeals from so much of a judgment of the Supreme Court, Nassau County, entered June 23, 1972, granting her a divorce, as (1) directed defendant (a) to pay her $135 per week for alimony -and support and maintenance of the parties’ three infant children (b) to pay only certain carrying charges on the parties’ marital residence and (2) in granting defendant visitation with the children, permitted him to take the children “to such place or places -as he may desire.” Judgment modified, on the law and the facts and in the exercise of discretion, by (1) adding to the fourth decretal paragraph thereof a provision allocating the award of $135 per week as follows: $60 per week for plaintiff’s alimony and $75 per week for support and maintenance of the children and (2) adding “water charges ” to the list of carrying charge items in the sixth decretal paragraph thereof. As so modified, judgment affirmed insofar as appealed from, without costs. In balancing the needs of appellant with respondent’s ability to pay, we think the judgment should be modified as indicated herein. Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

42 A.D.2d 565, 344 N.Y.S.2d 1000, 1973 N.Y. App. Div. LEXIS 4245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/catell-v-catell-nyappdiv-1973.