Opinion
January 28, 1971
Order, Supreme Court, New York County, entered on November 20, 1970, granting plaintiff's motion for temporary alimony, child support and a counsel fee, unanimously modified, on the law and on the facts, by reducing temporary support and maintenance, for plaintiff and children, to the sum of $300 per week, as of the date of the order herein, and otherwise affirmed, without costs and without disbursements. In view of the husband's earnings, as reflected in the present record, the higher award was not warranted. We recognized that the proof on the trial may be more ample and, if so, could warrant a different disposition, as to which we express no opinion whatever.
Concur — Capozzoli, J.P., McNally, Tilzer and Macken, JJ.