Opinion
June 13, 1949.
In this action for divorce, a previous order awarding counsel fees was modified by this court by reducing the allowance, in the amount of $1,500, to the sum of $1,000. ( Appelbaum v. Appelbaum, 273 App. Div. 911, decision amended 273 App. Div. 966. ) Plaintiff presently appeals from an order granting counsel fees in the amount of $3,500 for the second and third trials of the issue of adultery. Order modified on the facts by reducing the amount awarded from $3,500 to the sum of $2,500, payable as follows: $1,250 within five days from the entry of the order hereon, and the remainder at or before the commencement of the third trial. As so modified, the order is affirmed, without costs. The allowance in the amount of $3,500 was excessive. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.