Geller v. Geller

47 A.D.2d 713, 367 N.Y.S.2d 474, 1975 N.Y. App. Div. LEXIS 8959

Opinion

Judgment and order unanimously modified, on the facts, in accordance with memorandum and as modified affirmed, without costs. Memorandum: Petitioner appeals from a judgment and order reducing respondent’s alimony and support payments from $110 to $80 per week, and declaring arrears in payments to be reduced from $2,160 to $1,570. Petitioner alleged that respondent owed her $4,400 in alimony' and support payments of which he had paid $2,340. Therefore, respondent was in arrears in the amount of $2,060, and not $2,160 as alleged by petitioner and the judgment against the respondent for arrears therefore is reduced from $1,570 to $1,470. (Appeal from judgment and order of Erie Trial Term in action for support payments.) Present — Marsh, P. J., Moule, Cardamone, Simons and Del Vecchio, JJ.