Opinion
December 21, 1970
Appeal from an order of the Supreme Court, Sullivan County, granting respondent $100 per week for her support and the support of the three issue of the marriage, exclusive possession of the home, title to which is in their joint names, counsel fees in the sum of $1,000 and custody of the infant children subject to visitation rights by the appellant. Considering all of the evidence presented here we find no reason to disturb the award of $100 per week made by Special Term for support of respondent and the three issue of the marriage. Prior to this award appellant was paying $78 per week for the support of the three children alone pursuant to an order of the Family Court. We do not find inordinate in relation to appellant's ability to pay an increase of $22 per week in total payments for support of the respondent and the three children of the marriage. However, we do feel that at the present time, considering the circumstances of the case and of the respective parties, the award of $1,000 in counsel fees is excessive and should be reduced to $500. Order modified, on the law and the facts, by reducing the award of counsel fees to $500, and, as so modified, affirmed, without costs. Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Sweeney, JJ., concur.