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MATTER ELOISE KELLEY v. GEORGE KELLEY (02/17/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


February 17, 1969

IN THE MATTER OF ELOISE KELLEY, RESPONDENT,
v.
GEORGE KELLEY, APPELLANT

Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.

The total of the $5 weekly arrears payments for the period between June 19, 1968 and the date of the order to be made hereon may be paid within 10 days after entry of the order hereon. We are of the opinion that it was an improvident exercise of discretion to altogether deny appellant's cross petition for a reduction in the support payments he is required to make and to require him to pay the entire amount of accrued arrears by August 15, 1968 as a condition to suspending execution of the sentence. Under the circumstances of this case, a reduction to the extent indicated herein is warranted; and appellant should be permitted to pay the arrears at the rate of $5 a week.

Disposition

As so modified, order affirmed, without costs.

19690217

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