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Eisen v. Eisen

Appellate Division of the Supreme Court of New York, Second Department
Aug 1, 1977
59 A.D.2d 521 (N.Y. App. Div. 1977)

Opinion

August 1, 1977


In a matrimonial action, defendant appeals from the alimony, support and counsel fee provisions of a judgment of divorce of the Supreme Court, Nassau County, dated December 13, 1976. Judgment modified, on the law and the facts, by (1) deleting therefrom the provision for the payment of alimony and (2) reducing the counsel fee awarded to the amount of $500. As so modified, judgment affirmed insofar as appealed from, without costs or disbursements. The plaintiff-respondent has been employed as a school-teacher for the past seven years and earns a gross yearly salary of $15,600, with a net weekly salary of $222. In view of her ability to be self-supporting, an award of alimony was unwarranted. The counsel fees were excessive to the extent indicated herein. The award for the support of the parties' minor daughter was not excessive. Although the wife was not qualified to testify that the daughter was suffering from Hodgkin's disease, the record amply establishes that she was seriously ill and required continuous medical treatment. Further, the constitutionality of sections 32 Dom. Rel. and 240 Dom. Rel. of the Domestic Relations Law is not properly an issue on this appeal as it was not raised at Special Term. Hopkins, J.P., Shapiro, Mollen and O'Connor, JJ., concur.


Summaries of

Eisen v. Eisen

Appellate Division of the Supreme Court of New York, Second Department
Aug 1, 1977
59 A.D.2d 521 (N.Y. App. Div. 1977)
Case details for

Eisen v. Eisen

Case Details

Full title:RENEE J. EISEN, Respondent, v. ALAN G. EISEN, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 1, 1977

Citations

59 A.D.2d 521 (N.Y. App. Div. 1977)

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