Taylor v. Taylor

Appellate Division of the Supreme Court of New York

Taylor v. Taylor

283 A.D. 669, 127 N.Y.S.2d 223, 1954 N.Y. App. Div. LEXIS 4837

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

DecidedJanuary 18, 1954

StatusPublished

This text of 283 A.D. 669 (Taylor v. Taylor) 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

Taylor v. Taylor, 283 A.D. 669, 127 N.Y.S.2d 223, 1954 N.Y. App. Div. LEXIS 4837 (N.Y. Ct. App. 1954).

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Opinion

In a separation action, plaintiff-respondent moved for an order of sequestration in respect of appellant’s interest in the pension fund of the police department of the City of New York, and appellant cross-moved to modify the judgment of separation by reducing the amount of alimony awarded. The appeal is from an order granting plaintiff-respondent’s motion. Order modified (1) by inserting a paragraph providing that the final judgment be modified by striking therefrom the award of $22 and substituting in place thereof $16; and (2) by striking from the second and third ordering paragraphs the figures “ $22.00 ” and “ $2.00 ” and substituting in place thereof “ $16.00 ” and “$4.00”, respectively. As thus modified the order is affirmed, without costs. In our opinion, the award of $22 made in 1945, when appellant was on active duty in the police department, is now excessive, when he is retired, and should be reduced to $16 a week. It is also our opinion that a payment of $2 a week on account of arrears of $968 is insufficient and should he increased to $4 a week. Adel, Acting P. J., Wenzel, Schmidt, Beldock and Murphy, JJ., concur.

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In a separation action, plaintiff-respondent moved for an order of sequestration in respect of appellant’s interest in the pension fund of the police department of the City of New York, and appellant cross-moved to modify the judgment of separation by reducing the amount of alimony awarded. The appeal is from an order granting plaintiff-respondent’s motion. Order modified (1) by inserting a paragraph providing that the final judgment be modified by striking therefrom the award of $22 and substituting in place thereof $16; and (2) by striking from the second and third ordering paragraphs the figures “ $22.00 ” and “ $2.00 ” and substituting in place thereof “ $16.00 ” and “$4.00”, respectively. As thus modified the order is affirmed, without costs. In our opinion, the award of $22 made in 1945, when appellant was on active duty in the police department, is now excessive, when he is retired, and should be reduced to $16 a week. It is also our opinion that a payment of $2 a week on account of arrears of $968 is insufficient and should he increased to $4 a week. Adel, Acting P. J., Wenzel, Schmidt, Beldock and Murphy, JJ., concur.

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Bluebook (online)

283 A.D. 669, 127 N.Y.S.2d 223, 1954 N.Y. App. Div. LEXIS 4837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-taylor-nyappdiv-1954.