Oreste v. Oreste
Decision Date | 19 December 1966 |
Citation | 27 A.D.2d 560,277 N.Y.S.2d 608 |
Parties | Concetta Virginia ORESTE, Appellant, v. Vincent Charles ORESTE, Respondent. |
Court | New York Supreme Court — Appellate Division |
Order of the Supreme Court, Queens County, dated June 14, 1966, reversed insofar as appealed from, in the exercise of discretion, without costs, and the motion and cross motion are remitted to Special Term for (1) a plenary hearing as to the present financial resources and needs of the parties and all other facts relevant to whether any modifications of the alimony and support provisions of the judgment are warranted and (2) a determination De novo upon those issues. In our opinion, the conflicting affidavits submitted by the parties are insufficient to support a proper determination and a hearing must be held to develop all the relevant facts (cf. Alpert v. Alpert, 20 A.D.2d 560, 245 N.Y.S.2d 902; Peters v. Peters, 14 A.D.2d 778, 219 N.Y.S.2d 906; Sloan v. Sloan, 286 App.Div. 1102, 145 N.Y.S.2d 797).
To continue reading
Request your trial-
Ruth v. Ruth
...may be presented (Sloan v. Sloan, 29 A.D.2d 571, 286 N.Y.S.2d 501; Levine v. Levine, 29 A.D.2d 769, 288 N.Y.S.2d 862; Oreste v. Oreste, 27 A.D.2d 560, 277 N.Y.S.2d 608; Peters v. Peters, 14 A.D.2d 778, 219 N.Y.S.2d Order unanimously reversed without costs and hearing directed in accordance ......
-
Levine v. Levine
...is essential to develop all of the relevant facts (Sloan v. Sloan, 29 A.D.2d 571, 286 N.Y.S.2d 501 dec.Dec. 29, 1967; Oreste v. Oreste, 27 A.D.2d 560, 277 N.Y.S.2d 608; Alpert v. Alpert, 20 A.D.2d 560, 245 N.Y.S.2d 902; Peters v. Peters, 14 A.D.2d 778, 219 N.Y.S.2d BELDOCK, P.J., and CHRIST......
-
Sloan v. Sloan
...thereto (cf. Sloan v. Sloan, 286 App.Div. 1102, 145 N.Y.S.2d 797; Alpert v. Alpert, 20 A.D.2d 560, 245 N.Y.S.2d 902; Oreste v. Oreste, 27 A.D.2d 560, 277 N.Y.S.2d 608). The motion was properly denied insofar as it sought to accelerate the unpaid balance of the fine previously ...