Village of Port Chester v. Sheehan

Appellate Division of the Supreme Court of New York

Village of Port Chester v. Sheehan

5 A.D.2d 839, 174 N.Y.S.2d 110, 1958 N.Y. App. Div. LEXIS 6986

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

DecidedFebruary 10, 1958

StatusPublished

This text of 5 A.D.2d 839 (Village of Port Chester v. Sheehan) 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

Village of Port Chester v. Sheehan, 5 A.D.2d 839, 174 N.Y.S.2d 110, 1958 N.Y. App. Div. LEXIS 6986 (N.Y. Ct. App. 1958).

Pincite

Opinion

By a judgment entered July 24, 1941, respondent was divorced from appellant, and appellant was directed to pay alimony of $17 a week. By an order dated June 24, 1957, respondent’s motion to modify the judgment so as to increase the amount of alimony to $300 a week was referred to an Official Referee to hear and determine. The appeal is from an order dated November 4,1957, granting respondent’s motion to examine appellant prior to the hearing before the Official Referee, as to appellant’s earnings and financial condition. Order affirmed, with $10 costs and disbursements. Considering the length of time that has elapsed since the fixation of alimony, the obvious increase in respondent’s living costs and the alleged increase of appellant’s earnings, th( granting of this motion was not an abuse of discretion. Furthermore, the order appealed from provides a procedure to carry the judgment into effect pursuant to -section 293 of the Civil Practice Act and was granted pursuant to sections 1169 and 1170 of the Civil Practice Act (Fox v. Fox, 263 N. Y. 68; Goshin v. Goshin, 281 App. Div. 979; Wenglinsky v. Wenglinsky, 282 App. Div. 1015; Scheffer v. Scheffer, 183 Misc. 344; Wade v. Wade, 119 N. Y. S. 2d 599; Citron v. Citron, 5 Misc 2d 1004).

Wenzel, Acting P. J., Beldoek, Murphy, Hallinan and Kleinfeld, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

By a judgment entered July 24, 1941, respondent was divorced from appellant, and appellant was directed to pay alimony of $17 a week. By an order dated June 24, 1957, respondent’s motion to modify the judgment so as to increase the amount of alimony to $300 a week was referred to an Official Referee to hear and determine. The appeal is from an order dated November 4,1957, granting respondent’s motion to examine appellant prior to the hearing before the Official Referee, as to appellant’s earnings and financial condition. Order affirmed, with $10 costs and disbursements. Considering the length of time that has elapsed since the fixation of alimony, the obvious increase in respondent’s living costs and the alleged increase of appellant’s earnings, th( granting of this motion was not an abuse of discretion. Furthermore, the order appealed from provides a procedure to carry the judgment into effect pursuant to -section 293 of the Civil Practice Act and was granted pursuant to sections 1169 and 1170 of the Civil Practice Act (Fox v. Fox, 263 N. Y. 68; Goshin v. Goshin, 281 App. Div. 979; Wenglinsky v. Wenglinsky, 282 App. Div. 1015; Scheffer v. Scheffer, 183 Misc. 344; Wade v. Wade, 119 N. Y. S. 2d 599; Citron v. Citron, 5 Misc 2d 1004).

Wenzel, Acting P. J., Beldoek, Murphy, Hallinan and Kleinfeld, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

5 A.D.2d 839, 174 N.Y.S.2d 110, 1958 N.Y. App. Div. LEXIS 6986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-port-chester-v-sheehan-nyappdiv-1958.

Opinion

Related

Cite This Page — Counsel Stack