Opinion
May 9, 1949.
Appeal from Domestic Relations Court of the City of New York, Family Court Division, County of Kings.
Present — Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ.
Order modified on the law and the facts, by striking therefrom the provisions which require appellant to make payments for the support and maintenance of his wife, and by reducing the amount of the payments thereby directed to be made from $30 to $15 per week; and by providing that such payments shall be made only for the support of appellant's infant child. As so modified, the order, insofar as appealed from, is unanimously affirmed, without costs. The proof adduced was insufficient as a matter of law to sustain the determination that respondent was entitled to an order directing support by appellant on the ground that she was likely to become a public charge; and respondent did not establish that she was entitled to such an order on any other ground.