Opinion
November 9, 1970
In an action for divorce pursuant to subdivision (6) of section 170 of the Domestic Relations Law, defendant appeals (1) from a judgment of the Supreme Court, Westchester County, dated August 4, 1970 and made after a nonjury trial, which granted judgment in favor of plaintiff divorcing the parties, incorporating therein a separation agreement and awarding plaintiff counsel fees; and (2) from two prior orders of said court as follows: from the first order, dated June 2, 1970, which granted plaintiff's motion for temporary alimony and counsel fees, in its entirety, and from so much of the second order, dated July 7, 1970, as upon reargument, adhered to said order dated June 2, 1970. Appeal from order dated June 2, 1970 dismissed as academic, without costs. That order was superseded by the order made on reargument. Order dated July 7, 1970 affirmed, without costs. No opinion. Judgment modified, on the law, by (1) striking therefrom the second and fifth decretal paragraphs, which direct incorporation of the separation agreement and award plaintiff an additional counsel fee, and (2) remitting the case to the trial court for (a) a full hearing as to the parties' relative financial circumstances in order to determine the amounts of the awards of alimony and counsel fees and the amounts due to plaintiff therefor, if any, and (b) entry of an amended judgment in accordance with the determination made after such hearing. As so modified, judgment affirmed, without costs. In our opinion a full hearing should have been held as to the financial circumstances of the parties and the amounts in question with respect to alimony and counsel fees, as above indicated. Rabin, Acting P.J., Latham, Kleinfeld, Brennan and Benjamin, JJ., concur.