SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
- decided: May 23, 1968.
IN THE MATTER OF PHYLLIS MORELLI, APPELLANT,
FRANK MORELLI, RESPONDENT.
Order of the Family Court, entered on September 12, 1967, in this support proceeding, directing respondent to pay to his wife, on a public charge basis, and his child, on a means basis, the sum of $50 per week, unanimously modified, on the law and on the facts, without costs or disbursements, to the extent of increasing such allowance to the sum of $75 per week, plus the rent on petitioner's apartment, as established below. The trial court erred in awarding support for petitioner on a public charge basis, rather than on a means basis. Based on respondent's ability to pay, the present record warrants an award of $75 per week for the support of petitioner and the one child of the parties. Concur - Eager, J.P., Steuer, Capozzoli, McGivern and Rabin, JJ.
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