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CHARLENE F. WESSEL v. HARRY N. WESSEL (07/07/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


July 7, 1969

CHARLENE F. WESSEL, RESPONDENT,
v.
HARRY N. WESSEL, JR., APPELLANT

In an action for separation, the defendant husband appeals, as limited by his notice of appeal and his brief, from so much of a judgment of the Supreme Court, Westchester County, dated April 5, 1968, as awarded alimony and support of the parties' two children in the sum of $12,000 per annum and directed him to pay outstanding bills in the sum of $2,331.51 for necessaries purchased by plaintiff.

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

In our opinion, upon the instant record, the award of alimony and support in the sum of $12,000 per annum was excessive.

Disposition

Judgment modified, on the law and the facts, by deleting from the tenth decretal paragraph thereof the following: "Twelve Thousand Dollars ($12,000.)" and "Five Hundred Dollars ($500.)" and substituting therefor: "Ten Thousand Dollars ($10,000)" and "Four Hundred Sixteen Dollars and Sixty Six Cents ($416.66)", respectively. As so modified, judgment affirmed insofar as appealed from, without costs.

19690707

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