Weinstein v. Weinstein

Appellate Division of the Supreme Court of New York

Weinstein v. Weinstein

51 A.D.2d 901, 381 N.Y.S.2d 60, 1976 N.Y. App. Div. LEXIS 11553

Appellate Division of the Supreme Court of the State of New York·Decided March 1, 1976·Published

Opinion

Order, Family Court, New York County, entered August 18, 1975, awarding petitioner, on a means basis, the sum of $270 on the 15th and 30th days of each month, as support for herself and the infant child of the parties (allocated $90 to petitioner and $180 for the child), plus a $500 counsel fee payable $100 a month, unanimously modified, on the law, on the facts and in the exercise of discretion, to the extent of reducing petitioner’s support to $45 semimonthly commencing as of February 15, 1976, and permitting respondent to pay the counsel fee in consecutive monthly installments of $50. Except as so modified, said order is affirmed, without costs or disbursements. On the record before us the award to petitioner was excessive to the extent indicated; and reducing the monthly payment on account of the counsel fee will appropriately lessen the burden on respondent. Concur— Kupferman, J. P., Murphy, Lupiano, Birns and Lane, JJ.

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Order, Family Court, New York County, entered August 18, 1975, awarding petitioner, on a means basis, the sum of $270 on the 15th and 30th days of each month, as support for herself and the infant child of the parties (allocated $90 to petitioner and $180 for the child), plus a $500 counsel fee payable $100 a month, unanimously modified, on the law, on the facts and in the exercise of discretion, to the extent of reducing petitioner’s support to $45 semimonthly commencing as of February 15, 1976, and permitting respondent to pay the counsel fee in consecutive monthly installments of $50. Except as so modified, said order is affirmed, without costs or disbursements. On the record before us the award to petitioner was excessive to the extent indicated; and reducing the monthly payment on account of the counsel fee will appropriately lessen the burden on respondent. Concur— Kupferman, J. P., Murphy, Lupiano, Birns and Lane, JJ.

Weinstein v. Weinstein, 51 A.D.2d 901, 381 N.Y.S.2d 60, 1976 N.Y. App. Div. LEXIS 11553 (N.Y. Ct. App. 1976).

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