Opinion
December 4, 1961
In a separation action in which final judgment was entered on April 11, 1955, after trial, in favor of the plaintiff wife, granting her a judicial separation and alimony of $10,500 per annum, the parties cross-appeal as follows from an order of the Supreme Court, Nassau County, dated August 8, 1961, and entered in Suffolk County on August 14, 1961, which granted in part the wife's motion to modify the judgment by increasing the amount of the alimony: (1) the husband appeals from so much of said order as increases the alimony to $15,000 per annum and as awards the wife a counsel fee of $500 on this motion; (2) the wife appeals from so much of said order as limits the increase of the alimony to $15,000 and as limits the counsel fee to $500. The husband claims the amounts fixed are excessive; the wife claims they are inadequate. Order modified by increasing the alimony to the extent of $1,000 and by fixing it at $11,500 per annum, instead of $15,000 per annum. As so modified, order insofar as appealed from affirmed, without costs. In our opinion, under all the circumstances disclosed by this record an increase of $1,000 per annum in the alimony is sufficient. Nolan, P.J., Beldock, Ughetta, Pette and Brennan, JJ., concur.