Opinion
February 18, 1971
Order Supreme Court, New York County, entered August 31, 1970, which granted plaintiff's motion for temporary alimony and counsel fees and for the support of a minor child; awarded temporary custody of the child to plaintiff, and granted exclusive possession of the marital premises to plaintiff, unanimously modified, on the law and the facts, to the extent of reducing the award of temporary alimony to $350 per week and the counsel fee to $2,500 (of which amount $1,500 has already been paid), with leave to apply to the trial court for further counsel fees; and as so modified the order is affirmed, without costs and without disbursements. On the present record, the awards were excessive to the extent indicated. The plaintiff-respondent offers reasonable visitation privileges so there is no need to pass on that aspect of the appeal. Order, Supreme Court, New York County, entered October 14, 1970 which granted plaintiff's application for permission for the late filing of her notice of commencement of action with the Conciliation Commissioner, unanimously affirmed without costs and without disbursements.
Concur — Stevens, P.J., Capozzoli, McGivern, Kupferman and Tilzer, JJ.