Opinion
November 19, 1951.
Defendant, by order to show cause based on his affidavit executed in Florida, moved for a reduction in the amount of alimony payable plaintiff under a final decree of divorce. The affidavit was not authenticated as required by section 359 of the Civil Practice Act. After defendant's motion was granted, he applied for an order authorizing the authentication of said affidavit nunc pro tunc as of the date the order to show cause was issued, and the motion was granted. The appeal is from the order entered thereon. Order affirmed, without costs. The court had jurisdiction of the parties and the subject matter, on the motion for a reduction of alimony ( Fox v. Fox, 263 N.Y. 68; Civ. Prac. Act, § 1170), and the lack of an authenticating certificate was a defect or irregularity which could be corrected nunc pro tunc. (Cf. Kelly v. Schramm, 197 App. Div. 377; Lawton v. Kiel, 51 Barb. 30; Civ. Prac. Act, § 105.) Nolan, P.J., Johnston, Adel, Sneed and MacCrate, JJ., concur.