Opinion
July 6, 1967
Order, entered March 31, 1967, unanimously modified, on the law, on the facts, and in the exercise of discretion, by reducing the temporary alimony to the sum of $125 weekly, by reducing the counsel fee to $1,500, payable one half within 10 days after service of a copy of the order entered herein and the remainder when the action first appears upon the Day Calendar, with leave to defendant to apply to the trial court for an additional allowance of counsel fee if warranted, and by striking the provision for the payment of tuition and board for the son of the parties, Lee S. Taplinger, and as so modified, affirmed, without costs or disbursements. Upon the facts here presented, the award of alimony in the amount of $190 weekly and of counsel fees in the sum of $2,500 was unjustified and excessive, it being noted that the plaintiff has been directed to continue paying all carrying and utility charges relating to the marital home. The fixation of temporary alimony nevertheless is at best an approximation, based upon conflicting affidavits, and should have no effect upon the Trial Judge. And since the boy Lee is not attending college at the present time, a determination with respect to his possible educational expenses should also await the trial.
Concur — Eager, J.P., Tilzer, Rabin, McNally and Witmer, JJ.