Morris v. Morris
| Decision Date | 15 December 1969 |
| Citation | 33 A.D.2d 786,307 N.Y.S.2d 127 |
| Parties | Helaine MORRIS, Appellant, v. Melvin MORRIS, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Erdheim & Shalleck, New York City, for plaintiff-appellant; Irving I. Erdheim, New York City, of counsel with Milton P. Falk, New York City, on the brief.
Dempsey, O'Keeffe & Florence, White Plains, for defendant-respondent; David M. Phelan, Richard J. O'Keeffe, James Dempsey, White Plains, on the brief.
Before BRENNAN, Acting P.J., and HOPKINS, BENJAMIN, MUNDER and MARTUSCELLO, JJ.
MEMORANDUM BY THE COURT.
In an action for separation, plaintiff appeals from two orders and a judgment of the Supreme Court, Westchester County, as follows: (1) an order dated May 25, 1967, which denied plaintiff's motion to reargue her prior motion to punish defendant for contempt of court; (2) the judgment dated December 22, 1967 which granted her a separation; and (3) an order dated March 12, 1968, which denied her motion to resettle the judgment. The appeal from the judgment is from only such portions thereof as (a) awarded her the respective sums of $200 and $400 per week for support of herself and of the five children of the marriage; (b) denied her above-mentioned prior motion to punish defendant for contempt of court (after hearing proofs thereon) and granted defendant certain credits against support moneys due plaintiff; (c) directed that maintenance expenses of the marital home be paid out of the alimony; (d) granted defendant rights of visitation with the children; and (e) limited the award to plaintiff for counsel fees to $10,000.
Appeal from order of May 25, 1967 dismissed. No appeal lies from an order denying a motion for reargument. Further, the reargument sought was of a prior motion by plaintiff and a prior cross motion by defendant, which were determined by an order of the same court, made March 27, 1967, directing a hearing to be held by the court on said prior motions (plaintiff's motion to punish defendant for contempt of court and defendant's cross motion to reduce his obligations under the Pendente lite order of the court which he had allegedly disobeyed); and the March 27, 1967 order was thus only preliminary to the disposition of the prior motions and therefore did not affect a substantial right and would not itself have been appealable (see 7 Weinstein-Korn-Miller, N.Y.Civ.Prac., 5701.16). We have, however, examined the merits of the appeal from the May 25, 1967 order and, were we not...
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