Appellate Division of the Supreme Court of New York, 1966

Brancato v. Brancato

Brancato v. Brancato
Appellate Division of the Supreme Court of New York · Decided November 28, 1966
26 A.D.2d 952; 276 N.Y.S.2d 375; 1966 N.Y. App. Div. LEXIS 3004
Brancato v. Brancato

Opinion of the Court

Order of the Supreme Court, Kings County, dated July 22, 1966, reversed, without costs, and motion denied, with leave to plaintiff to renew the application for counsel fees upon the trial, if she he so advised. In our opinion, the record before us fails to show that the plaintiff wife has any need for alimony pendente lite or that defendant is financially able to pay such alimony or the requested counsel fee. The action should proceed to trial promptly. Beldock, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.

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