Lasda v. Abbess

• Decision Date: 31 October 1968
• Citation: 30 A.D.2d 1040,294 N.Y.S.2d 844
• Parties: In the Matter of Arlein LASDA, Respondent-Appellant, v. Emmett ABBESS, Appellant-Respondent.
• Court: New York Supreme Court — Appellate Division

Page 844

294 N.Y.S.2d 844

30 A.D.2d 1040

In the Matter of Arlein LASDA, Respondent-Appellant, v. Emmett ABBESS, Appellant-Respondent.

Supreme Court, Appellate Division, Fourth Department.

Oct. 31, 1968.

Lee Alexander, Syracuse, for appellant-respondent.

Adcook & Engel, Chas. J. Engel, Jr., Syracuse, for respondent-appellant.

Before GOLDMAN, J.P., and DEL VECCHIO, MARSH, WITMER and HENRY, JJ.

MEMORANDUM:

The evidence completely meets the requirement that it be 'entirely satisfactory' (see Matter of Rebmann v. Muldoon, 23 A.D.2d 163, 259 N.Y.S.2d 257; Matter of Com'r of Welfare of City of N.Y. v. Fields, 25 A.D.2d 504, 266 N.Y.S.2d 681), although sharply disputed (see Kiamos v. Chiladakis, 25 A.D.2d 647, 268 N.Y.S.2d 539), and amply supports the finding that respondent-appellant is the father of the child in question. The evidence of respondent's assets and standard of living indicates that the weekly support award of $15 is insufficient, and we increase it to the sum of $20.

We take note of the protracted adjournments during the course of the trial of this case, and express our disapproval of such unnecessary piecemeal trial of cases.

Order unanimously modified upon the facts in accordance with the Memorandum, and as modified affirmed with costs to petitioner-cross-appellant, Arlein Lasda.