Opinion
November 18, 1985
Appeal from the Family Court, Queens County (Pearce, J.).
Appeal from the order dated October 1, 1984, as amended October 2, 1984, dismissed, without costs or disbursements. That order was superseded by the order dated January 9, 1985, made upon renewal.
Order dated January 9, 1985 reversed, insofar as reviewed, without costs or disbursements, order dated October 1, 1984, as amended October 2, 1984, vacated, petitioner's motion to restore her application for increased alimony to the calendar granted, and matter remitted to the Family Court, Queens County, for a hearing in accordance herewith.
Under all of the circumstances presented, the court should have granted petitioner's application to restore her motion for increased alimony to the calendar. Petitioner being on jury duty on October 1, 1984, the court should then have adjourned the proceedings on her motion, as well as respondent's applications to terminate alimony and for child support, to another date for a full hearing. Mollen, P.J., Gibbons, Brown, Niehoff and Eiber, JJ., concur.