Opinion
April 11, 1949.
Present — Carswell, Acting P.J., Johnston, Sneed, Wenzel and MacCrate, JJ.
In an action of separation, judgment modified on the law by striking therefrom the third decretal paragraph, directing payment of additional counsel fees, and, as so modified, insofar as appealed from, unanimously affirmed, without costs. In our opinion, under the circumstances here shown, additional counsel fees should not have been allowed. (Civ. Prac. Act, § 1169; Beadleston v. Beadleston, 103 N.Y. 402, 404; McCarthy v. McCarthy, 137 N.Y. 500.)