Opinion
December 14, 1942.
Appeal by plaintiff in an action for absolute divorce from an order reducing the alimony awarded in the final judgment. Order reversed on the law and facts, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. The learned justice at Special Term exercised improperly the discretion vested in him in reducing the alimony. The defendant is shown to earn approximately twenty-five dollars per week. Under all the circumstances disclosed in the record, eight dollars thereof is a fair portion to be paid to the plaintiff. It is immaterial that as an incident to his second marriage, in violation of the decree herein, expense has been incurred by the defendant for the support and hospitalization of his present wife. Lazansky, P.J., Hagarty, Johnston, Taylor and Close, JJ., concur.