Dobbin v. Dobbin

Appellate Division of the Supreme Court of New York

Dobbin v. Dobbin

39 A.D.2d 836, 333 N.Y.S.2d 154, 1972 N.Y. App. Div. LEXIS 4443

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

DecidedMay 31, 1972

StatusPublished

Cited by1 cases

This text of 39 A.D.2d 836 (Dobbin v. Dobbin) 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.

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Dobbin v. Dobbin, 39 A.D.2d 836, 333 N.Y.S.2d 154, 1972 N.Y. App. Div. LEXIS 4443 (N.Y. Ct. App. 1972).

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Opinion

Order unanimously modified in accordance with memorandum and, as so modified, affirmed, without costs. Memorandum: As we stated in De Gasper v. De Gasper (31 A D 2d 886) “Appeals from orders granting temporary alimony are not favored, and it is suggested that generally in lieu thereof counsel should promptly proceed to trial (see Domestic Relations Law, § 249)”. (See, also, Frost v. Frost, 38 A D 2d 786; Malin v. Malin, 37 A D 2d 841; Goldstein v. Goldstein, 35 A D 2d 777.) f The decretal provision in the order pertaining to temporary alimony should be stricken if the issues herein are not moved for trial by the plaintiff at the beginning of the next trial term of court in Ontario County. (Appeals from order of Seneca Special Term granting temporary alimony and other relief.) Present — Marsh, J. P., Witmer, Moule, Cardamone and Henry, JJ.

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Order unanimously modified in accordance with memorandum and, as so modified, affirmed, without costs. Memorandum: As we stated in De Gasper v. De Gasper (31 A D 2d 886) “Appeals from orders granting temporary alimony are not favored, and it is suggested that generally in lieu thereof counsel should promptly proceed to trial (see Domestic Relations Law, § 249)”. (See, also, Frost v. Frost, 38 A D 2d 786; Malin v. Malin, 37 A D 2d 841; Goldstein v. Goldstein, 35 A D 2d 777.) f The decretal provision in the order pertaining to temporary alimony should be stricken if the issues herein are not moved for trial by the plaintiff at the beginning of the next trial term of court in Ontario County. (Appeals from order of Seneca Special Term granting temporary alimony and other relief.) Present — Marsh, J. P., Witmer, Moule, Cardamone and Henry, JJ.

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Bluebook (online)

39 A.D.2d 836, 333 N.Y.S.2d 154, 1972 N.Y. App. Div. LEXIS 4443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dobbin-v-dobbin-nyappdiv-1972.

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