Opinion
October, 1929.
Orders modified so as to allow one hundred dollars counsel fee and twelve dollars a week alimony, and as so modified affirmed, with ten dollars costs and disbursements to appellant. Defendant admits having left plaintiff without provision for her support. The burden of proof is upon him to justify his conduct. If he is unable to do so, plaintiff is entitled to a separation and alimony. Lazansky, P.J., Kapper, Hagarty, Seeger and Carswell, JJ., concur.