Fink v. Fink

Appellate Division of the Supreme Court of New York

Fink v. Fink

39 A.D.2d 963, 333 N.Y.S.2d 655, 1972 N.Y. App. Div. LEXIS 4197

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

DecidedJune 26, 1972

StatusPublished

This text of 39 A.D.2d 963 (Fink v. Fink) 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

Fink v. Fink, 39 A.D.2d 963, 333 N.Y.S.2d 655, 1972 N.Y. App. Div. LEXIS 4197 (N.Y. Ct. App. 1972).

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Opinion

In an action for separation, (1) defendant husband appeals (a) from an order of the Supreme Court, Queens County, dated February 1, 1972, which granted plaintiff alimony pendente lite of $25 per week, and, (b) as limited by his brief, from so much of an order of the same court entered March 20, 1972 as, on reargument, adhered to the original determination, and (2) plaintiff cross-appeals from so much of the March 20, 1972 order as denied her cross motion to examine defendant and his parents before trial. Appeal from the February 1, 1972 order dismissed as academic, without costs. That order was superseded by the order entered March 20, 1972. Order entered March 20, 1972 affirmed insofar as appealed from by plaintiff, without costs. No opinion. Order entered March 20, 1972 reversed insofar as appealed from by defendant, without costs, and plaintiff’s motion for alimony pendente lite denied. Under the circumstances here, where the parties were married only six months before this action was instituted, where there are no children involved and where each of the parties is presently a student living with his or her parents, we conclude it was improper to award alimony pendente lite. The issue of support should be resolved by the trial court. Munder, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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In an action for separation, (1) defendant husband appeals (a) from an order of the Supreme Court, Queens County, dated February 1, 1972, which granted plaintiff alimony pendente lite of $25 per week, and, (b) as limited by his brief, from so much of an order of the same court entered March 20, 1972 as, on reargument, adhered to the original determination, and (2) plaintiff cross-appeals from so much of the March 20, 1972 order as denied her cross motion to examine defendant and his parents before trial. Appeal from the February 1, 1972 order dismissed as academic, without costs. That order was superseded by the order entered March 20, 1972. Order entered March 20, 1972 affirmed insofar as appealed from by plaintiff, without costs. No opinion. Order entered March 20, 1972 reversed insofar as appealed from by defendant, without costs, and plaintiff’s motion for alimony pendente lite denied. Under the circumstances here, where the parties were married only six months before this action was instituted, where there are no children involved and where each of the parties is presently a student living with his or her parents, we conclude it was improper to award alimony pendente lite. The issue of support should be resolved by the trial court. Munder, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

39 A.D.2d 963, 333 N.Y.S.2d 655, 1972 N.Y. App. Div. LEXIS 4197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fink-v-fink-nyappdiv-1972.