Opinion
March 29, 1971
In an action for divorce, plaintiff appeals from an order of the Supreme Court, Westchester County, dated October 28, 1970, which (1) denied plaintiff's motion to punish defendant for contempt of court in failing to make weekly pendente lite support payments pursuant to an order dated December 10, 1969 and (2) granted a cross motion by defendant to the extent of staying the provisions of said order of December 10, 1969 until such time as plaintiff and the children of the parties resume residence in Westchester County. Order modified by striking from the second ordering paragraph thereof the following: "until such time as the plaintiff and the children of the parties hereto, resume residence, respectively, in the County of Westchester, State of New York" and substituting therefor the following: "until such time as the plaintiff discloses to the defendant where the children of the parties are." As so modified, order affirmed, all without prejudice to permitting plaintiff to renew her application with respect to the arrears before the trial court, and without costs. The modification directed herein is, in our opinion, a proper exercise of discretion. The trial in this case should proceed promptly so that evidence on all issues may be produced and so that there may be a final disposition of all differences between the parties. Our determination is temporary only and is not to be taken as an indication of what the final disposition should be. Rabin, P.J., Munder, Martuscello, Shapiro and Gulotta, JJ., concur.