Heffner v. Heffner

Appellate Division of the Supreme Court of New York

Heffner v. Heffner

9 A.D.2d 915, 195 N.Y.S.2d 613, 1959 N.Y. App. Div. LEXIS 5495

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

DecidedDecember 21, 1959

StatusPublished

This text of 9 A.D.2d 915 (Heffner v. Heffner) 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

Heffner v. Heffner, 9 A.D.2d 915, 195 N.Y.S.2d 613, 1959 N.Y. App. Div. LEXIS 5495 (N.Y. Ct. App. 1959).

Pincite

Opinion

Appeal from an order which (1) modified a judgment of separation so as to reduce the alimony from $45 a week to $40 a week, (2) adjudged appellant in contempt for failure to pay arrears in alimony and fined him $870, and (3) allowed a counsel fee of $150. Order modified on the facts (1) by striking from the first ordering paragraph the word and figure “ Forty ($40.00) ” and by substituting therefor the word and figure “ Thirty-five ($35.00) ”, and (2) by striking from the fifth ordering paragraph the words and figures “ Forty ($40.00) ” and “Forty-two ($42.00) ” and by substituting therefore the words and figures “ Thirty-five ($35.00) ” and “ Thirty-seven ($37.00) ”, respectively. As so modified, order affirmed, without costs. Findings of fact insofar as they may be inconsistent herewith are reversed, and new findings are made as indicated herein. In our opinion, the circumstances warrant a reduction of alimony to $35 a week. Wenzel, Acting P. J., Beldoek, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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Appeal from an order which (1) modified a judgment of separation so as to reduce the alimony from $45 a week to $40 a week, (2) adjudged appellant in contempt for failure to pay arrears in alimony and fined him $870, and (3) allowed a counsel fee of $150. Order modified on the facts (1) by striking from the first ordering paragraph the word and figure “ Forty ($40.00) ” and by substituting therefor the word and figure “ Thirty-five ($35.00) ”, and (2) by striking from the fifth ordering paragraph the words and figures “ Forty ($40.00) ” and “Forty-two ($42.00) ” and by substituting therefore the words and figures “ Thirty-five ($35.00) ” and “ Thirty-seven ($37.00) ”, respectively. As so modified, order affirmed, without costs. Findings of fact insofar as they may be inconsistent herewith are reversed, and new findings are made as indicated herein. In our opinion, the circumstances warrant a reduction of alimony to $35 a week. Wenzel, Acting P. J., Beldoek, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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Bluebook (online)

9 A.D.2d 915, 195 N.Y.S.2d 613, 1959 N.Y. App. Div. LEXIS 5495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heffner-v-heffner-nyappdiv-1959.