Schein v. Schein

• Decision Date: 04 December 1972
• Citation: Schein v. Schein, 338 N.Y.S.2d 212, 40 A.D.2d 987 (N.Y. App. Div. 1972)
• Parties: Barbara SCHEIN, Respondent, v. Gerald SCHEIN, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 212

338 N.Y.S.2d 212

40 A.D.2d 987

Barbara SCHEIN, Respondent, v.Gerald SCHEIN, Appellant.

Supreme Court, Appellate Division, Second Department.

Dec. 4, 1972.

Before RABIN, P.J., and HOPKINS, MARTUSCELLO, LATHAM and CHRIST, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant husband, as limited by his brief, (1) from so much of a judgment of the Supreme Court, Westchester County, dated October 20, 1970, granting plaintiff a divorce, as, upon a decision dated June 25, 1970 and rendered after a nonjury trial, awarded plaintiff $30 a week alimony, plus specified expenses of the marital home, $35 a week support for each of the parties' two minor children and $1,500 additional counsel fees; and (2) from so much of an order of the same court, dated October 20, 1970, as denied defendant's post-trial motion to set aside the above-mentioned decision dated June 25, 1970.

Appeal from order dismissed, without costs, as academic in view of the determination herein upon the appeal from the judgment.The contentions made on the motion which resulted in the order have been considered on the appeal from the...