Opinion
June 19, 1967
Appeal from an order of the Supreme Court at Special Term, awarding temporary alimony and counsel fees to respondent. In this separation action, plaintiff has alleged various acts of violence committed by the defendant together with other intemperate and vicious actions on his part rendering it unsafe for the wife to live with him. Although defendant interposes a general denial to these allegations, as well as certain affirmative defenses, it is to be noted that his answering affidavit used upon the motion for temporary alimony and counsel fees, does not deny any of these acts. In addition to substantial over-time pay, appellant concedes he receives at least $8,900 per year. It appears that he contributed but $175 for respondent's support and for the maintenance of the three children residing with her, between October 24, 1966 and March 3, 1967. Respondent, compelled to seek part-time employment, earns $27 per week. Appellant as he states in his brief, asks review of but one issue when he states "The only question involved is whether there was an improvident exercise of discretion in granting alimony and counsel fees in this case." Upon this record we cannot disturb the discretion exercised by Special Term in awarding $80 per week for the support and maintenance of respondent and the three children, as well as counsel fees in the sum of $200. Order affirmed, with costs. Herlihy, J.P., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Gabrielli, J.