SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
April 24, 1969
BARBARA J. HOWARD, RESPONDENT,
SIDNEY HOWARD, APPELLANT
Concur -- Stevens, P. J., Eager, Tilzer, McGivern and McNally, JJ.
Order entered November 15, 1968, awarding temporary alimony, counsel fee and other relief, unanimously modified on the law and the facts to the extent of striking the fifth decretal paragraph awarding an interim counsel fee, without costs or disbursements, on the ground that counsel fee was not requested and plaintiff's counsel expressly disavowed any application for such relief at that time.
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