Opinion
November 30, 1967
In an action for divorce or separation and for other relief, the plaintiff wife appeals from an order of the Supreme Court, Westchester County, dated August 10, 1967, which denied her motion for alimony pendente lite and counsel fee. Order reversed, with $10 costs and disbursements, and motion referred to the trial court for determination, nunc pro tunc as of the time of the making of the original motion, upon the basis of all the proof adduced upon the trial. This court has been advised that the case has been tried at Special Term and that proof was taken at the trial, but no determination has been made to date. Under the circumstances, the question of temporary alimony and counsel fee should be determined by the trial court as herein directed ( Hirschberg v. Hirschberg, 7 A.D.2d 869; Margel v. Margel, 22 A.D.2d 919; Walsh v. Walsh, 22 A.D.2d 937; Kaplan v. Kaplan, 25 A.D.2d 563; Frank v. Frank, 26 A.D.2d 837). Christ, Acting P.J., Brennan, Rabin, Hopkins and Munder, JJ., concur.