Opinion
January 22, 1962
In an action by a wife for a judicial separation, the husband appeals from an order of the Supreme Court, Westchester County, dated October 13, 1961, awarding to the wife, pendente lite: (a) custody of the infant son of the parties; (b) $175 a week for alimony and support; and (c) $750 counsel fees, with leave to apply to the trial court for additional counsel fees. Order modified by reducing the alimony to $100 a week. As so modified, order affirmed, without costs. Under the circumstances disclosed by this record the allowance of alimony pendente lite was excessive. However, our award of $100 a week, which is based on affidavits, should have no effect on the trial court in its determination as to the amount of the permanent alimony (if any) to be awarded, based on all the facts as developed at the trial ( Goldberg v. Goldberg, 4 A.D.2d 884; Hall v. Hall, 10 A.D.2d 886; Vecchiarello v. Vecchiarello, 10 A.D.2d 890). Beldock, P.J., Ughetta, Kleinfeld and Rabin, JJ., concur; Hill, J., dissents and votes to modify the order by reducing the alimony to $75 a week; and as thus modified, to affirm the order.