Scanlon v. Scanlon

• Court: New York Supreme Court — Appellate Division
• Citation: Scanlon v. Scanlon, 248 N.Y.S.2d 787, 20 A.D.2d 822 (N.Y. App. Div. 1964)
• Decision Date: 30 March 1964
• Parties: Alice SCANLON, Respondent, v. Lester SCANLON, Appellant.

Page 787

248 N.Y.S.2d 787

20 A.D.2d 822

Alice SCANLON, Respondent, v. Lester SCANLON, Appellant.

Supreme Court, Appellate Division, Second Department.

March 30, 1964.

Milton W. Deutsch, New York City, for appellant.

Cohen & Cohen, New York City, for respondent; Sheldon Cohen, New York City, of counsel.

Before BELDOCK, P. J., and CHRIST, HILL, RABIN and HOPKINS, JJ.

MEMORANDUM BY THE COURT.

In an undefended action for divorce, in which judgment was entered August 31, 1962 in favor of the plaintiff-wife, granting her a divorce, awarding to her the custody of their infant child, and directing the defendant to pay alimony of $50 per week for the support of the wife and child, the defendant appeals from two orders of the Supreme Court, Queens County: (1) an order, dated December 3, 1963, which denied his motion (made June 12, 1963) insofar as it sought a reduction of the alimony, and which referred his motion, insofar as it sought visitation rights, to a special referee to hear and report; and (2) an order, dated November 27, 1963 which granted plaintiff's motion (made October 16, 1963) for the issuance of a warrant of commitment against the defendant, pursuant to the court's prior order of April 22, 1963 adjudging him in contempt for nonpayment of alimony of $650, and which denied his cross-motion to renew his previous motion to reduce the alimony.

Order, dated November 27, 1963, reversed...