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Matter of Burrowes v. Burrowes

Appellate Division of the Supreme Court of New York, First Department
Apr 19, 1960
10 A.D.2d 833 (N.Y. App. Div. 1960)

Opinion

April 19, 1960


Order granting petitioner wife support on a means basis unanimously modified, on the law and on the facts, without costs to either party, to reduce the award of support from $25 per week to $15 per week, and the order, as thus modified, is affirmed. On this record the proof shows that respondent husband is limited to his social security insurance, his occasional earnings as a carpenter, and indefinite returns from one rental property, the title to which is evidently in dispute in a Supreme Court action. In consequence, the higher award is not justified. Settle order on notice. Order allowing to petitioner-respondent a counsel fee in the amount of $200 unanimously modified, on the law and on the facts, without costs to either party, to reduce such award to the amount of $100, and the order, as thus modified, is affirmed. In view of respondent husband's meager resources, on this record, and the short period of time that present counsel participated in the proceedings, the lesser rather than the higher award is justified. Giving a sensible construction to section 131 of the Domestic Relations Court Act, as amended by chapter 342 of the Laws of 1958, there is no palpable significance in the fact that the counsel fee was applied for by formal motion rather than by request at an open "hearing". Settle order on notice.

Concur — Botein, P.J., Breitel, Rabin, M.M. Frank and Valente, JJ.


Summaries of

Matter of Burrowes v. Burrowes

Appellate Division of the Supreme Court of New York, First Department
Apr 19, 1960
10 A.D.2d 833 (N.Y. App. Div. 1960)
Case details for

Matter of Burrowes v. Burrowes

Case Details

Full title:In the Matter of MARY BURROWES, Respondent, against ERNEST BURROWES…

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

Date published: Apr 19, 1960

Citations

10 A.D.2d 833 (N.Y. App. Div. 1960)

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Matter of Reisch v. Reisch

The physical form of papers submitted is not significant. (Matter of Burrowes v Burrowes, 10 A.D.2d 833.)…