Appellate Division of the Supreme Court of New York, 1976

Weinstein v. Weinstein

Weinstein v. Weinstein
Appellate Division of the Supreme Court of New York · Decided March 1, 1976
51 A.D.2d 901; 381 N.Y.S.2d 60; 1976 N.Y. App. Div. LEXIS 11553
Weinstein v. Weinstein

Opinion of the Court

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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