Opinion
January 19, 1971
Order, Supreme Court, New York County, entered on September 21, 1970, granting alimony pendente lite to plaintiff-respondent wife, unanimously reversed, on the law and the facts, without costs and without disbursements, and the motion denied, conditioned upon continuance by defendant-appellant husband of the voluntary allowance heretofore paid by him to plaintiff-respondent wife. The record shows her to be so circumstanced that there is no necessity for the award made.
Concur — McGivern, J.P., Markewich, Nunez and Steuer, JJ.