Forman v. Forman

Appellate Division of the Supreme Court of New York

Forman v. Forman

25 A.D.2d 523, 268 N.Y.S.2d 966, 1966 N.Y. App. Div. LEXIS 4875

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

DecidedFebruary 24, 1966

StatusPublished

This text of 25 A.D.2d 523 (Forman v. Forman) 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

Forman v. Forman, 25 A.D.2d 523, 268 N.Y.S.2d 966, 1966 N.Y. App. Div. LEXIS 4875 (N.Y. Ct. App. 1966).

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Opinion

Order, entered on November 18, 1965, granting temporary alimony and counsel fee, modified on the law, on the facts and in the exereise of discretion and alimony reduced from $70 a week to $50 a week and counsel fees reduced from $650 to $500 with the balance of $175 payable when the action first appears on the Ready Day Calendar, and, as so modified, affirmed, without costs and without disbursements. Appeal from order entered on December 14, 1965, dismissed, without costs and without disbursements. The record before us does not justify [524]*524the allowances made. The awards, as fixed herein, however, should not be considered binding upon the trial court in its determination as to proper sums to be ordered for permanent alimony and an additional counsel fee, if any. Such determinations should be based upon the proof adduced at the trial as to the earnings of defendant and in the light of the husband’s presently announced intention to withdraw his answer and litigate only the amounts to be fixed for permanent alimony and counsel fee.

Concur — Rabin, J. P., McNally, Eager and Bastow, JJ. Valente, J., deceased.

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Order, entered on November 18, 1965, granting temporary alimony and counsel fee, modified on the law, on the facts and in the exereise of discretion and alimony reduced from $70 a week to $50 a week and counsel fees reduced from $650 to $500 with the balance of $175 payable when the action first appears on the Ready Day Calendar, and, as so modified, affirmed, without costs and without disbursements. Appeal from order entered on December 14, 1965, dismissed, without costs and without disbursements. The record before us does not justify [524]*524the allowances made. The awards, as fixed herein, however, should not be considered binding upon the trial court in its determination as to proper sums to be ordered for permanent alimony and an additional counsel fee, if any. Such determinations should be based upon the proof adduced at the trial as to the earnings of defendant and in the light of the husband’s presently announced intention to withdraw his answer and litigate only the amounts to be fixed for permanent alimony and counsel fee.

Concur — Rabin, J. P., McNally, Eager and Bastow, JJ. Valente, J., deceased.

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Bluebook (online)

25 A.D.2d 523, 268 N.Y.S.2d 966, 1966 N.Y. App. Div. LEXIS 4875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forman-v-forman-nyappdiv-1966.