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Ellison v. Ellison

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1988
144 A.D.2d 625 (N.Y. App. Div. 1988)

Opinion

November 28, 1988

Appeal from the Supreme Court, Nassau County (Collins, J.).


Ordered that the order is modified, by deleting the provision thereof granting the husband's cross motion in its entirety and substituting therefor a provision granting the cross motion only to the extent of directing the wife to pay to the husband the sum of $250 per month, retroactive to the date the husband served his notice of cross motion, to be used by him toward payment of the carrying charges on the marital residence; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The parties to this divorce action continue to reside in the same household with their two children, both of whom are now over the age of 18. Neither party enjoys substantial income, but the record establishes that the husband's monthly gross income exceeds that of the wife by approximately $700.

Since there is no indication that the needs of the children are not being met by both parties, and since the wife's income is adequate to meet her own needs, we decline to disturb that portion of the Supreme Court's order which denied her application for temporary maintenance and child support. Moreover, although there is a difference in the parties' incomes, the denial of the wife's application for counsel fees did not constitute an improvident exercise of discretion (see, Berzins v. Berzins, 64 A.D.2d 881). However, we modify that portion of the order which directed the wife to bear one half the cost of the carrying charges on the marital residence to more accurately reflect the parties' respective financial conditions (see, Crowley v Crowley, 120 A.D.2d 559; Rosenthal v. Rosenthal, 118 A.D.2d 845 ). Mangano, J.P., Bracken, Spatt and Harwood, JJ., concur.


Summaries of

Ellison v. Ellison

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1988
144 A.D.2d 625 (N.Y. App. Div. 1988)
Case details for

Ellison v. Ellison

Case Details

Full title:DALE E. ELLISON, Appellant, v. STANLEY ELLISON, Respondent

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

Date published: Nov 28, 1988

Citations

144 A.D.2d 625 (N.Y. App. Div. 1988)