SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
June 11, 1968
HELEN SEAMAN, RESPONDENT,
MILTON SEAMAN, APPELLANT
Concur -- Stevens, J. P., Steuer, McGivern and Rabin, JJ.
The order modified a prior judgment for support and maintenance by increasing the sum from $75 to $150 per week. The evidence of defendant's earnings as a lawyer is not controverted by any proof and is supported by the incontestable facts showing defendant's financial embarrassment. The apparent basis of decision is that defendant appears to be a reasonably competent lawyer and as such should earn more. But, as far as the record shows, he does not.
Order entered January 31, 1968, in so far as appealed from, unanimously reversed, on the facts and the law, without costs and without disbursements, and motion denied.
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