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Dobbin v. Dobbin

Appellate Division of the Supreme Court of New York, Fourth Department
May 31, 1972
39 A.D.2d 836 (N.Y. App. Div. 1972)

Opinion

May 31, 1972

Appeal from the Seneca Special Term.

Present — Marsh, J.P., Witmer, Moule, Cardamone and Henry, JJ.


Order unanimously modified in accordance with memorandum and, as so modified, affirmed, without costs. Memorandum: As we stated in De Gasper v. De Gasper ( 31 A.D.2d 886) "Appeals from orders granting temporary alimony are not favored, and it is suggested that generally in lieu thereof counsel should promptly proceed to trial (see Domestic Relations Law, § 249)". (See, also, Frost v. Frost, 38 A.D.2d 786; Malin v. Malin, 37 A.D.2d 841; Goldstein v. Goldstein, 35 A.D.2d 777.) ¶ The decretal provision in the order pertaining to temporary alimony should be stricken if the issues herein are not moved for trial by the plaintiff at the beginning of the next trial term of court in Ontario County.


Summaries of

Dobbin v. Dobbin

Appellate Division of the Supreme Court of New York, Fourth Department
May 31, 1972
39 A.D.2d 836 (N.Y. App. Div. 1972)
Case details for

Dobbin v. Dobbin

Case Details

Full title:SUZETTE D. DOBBIN, Respondent-Appellant, v. WILLIAM D. DOBBIN…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 31, 1972

Citations

39 A.D.2d 836 (N.Y. App. Div. 1972)

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