49 A.D.2d 886 | N.Y. App. Div. | 1975
In an action in which a judgment of the Supreme Court, Nassau County, granting plaintiff a divorce, was entered on December 2, 1968 and amended by an order of the same court dated March 18, 1971, plaintiff appeals (1) from so much of an order of the same court, entered March 6, 1975 and made after a hearing, as denied the portion of his cross motion which sought to eliminate the rent allowance provided for in the judgment as amended and (2) from so much of another order of the same court, dated February 3, 1975, as, upon reargument, adhered to the original determination. Appeal from order entered March 6, 1975 dismissed, without costs. That order is academic and inoperable by reason of the order dated February 3, 1975. Order dated February 3, 1975 modified by adding thereto, after the words "I adhere to my original decision”, the following: "except as to the rent allowance payment and, as to that, the cross motion is also granted and the direction to make such payment is eliminated from the judgment of divorce (as amended) as of May 1, 1974.” As so modified, said order is affirmed insofar as appealed from, without costs. The 1968 judgment did not award defendant alimony. Custody of the parties’ four minor children was awarded to her and, in connection therewith, she was awarded exclusive possession of the parties’ jointly-owned home and $110 a week for the support of the two younger children who were then residing at home and plaintiff was ordered to pay specified carrying charges and utility items on the marital premises. Thereafter, during the pendency of a plenary partition action instituted by plaintiff, he moved for modification of the judgment as to defendant’s exclusive possession of the marital premises. Special Term, by order dated March 18, 1971, granted the motion to the extent of providing that, upon defendant’s removal from the house (whether after