Opinion
October 10, 1967
Order entered May 15, 1967, unanimously modified, on the law and the facts, to delete the provision for a 15% increase in the alimony award and, as so modified, affirmed, without costs or disbursements. Plaintiff moved to increase the amount of support provided for in a judgment of separation. Hearings were had before a Referee as to the needs of plaintiff. The Referee reported that there had been no increase in plaintiff's living expenses and the evidence before him amply supported that conclusion. In fact, it was demonstrated that plaintiff's living expenses are substantially below the amount presently being paid and her "need" is only to enable her to make gifts and loans to relations. While Special Term indicated general agreement with the Referee's findings, it neverthless awarded a 15% increase on the theory that there has been such an increase in the general cost of living since the original award. This fact alone will not warrant an increase ( Liebmann v. Liebmann, 19 A.D.2d 821). In addition, the impact of that development on the plaintiff's expenses must be shown ( Clarke v. Clarke, 7 A.D.2d 831). It was not shown here.
Concur — Stevens, J.P., Eager, Steuer and McGivern, JJ.