MATTER OF MORELLI v. MORELLI


30 A.D.2d 527 (1968)

In the Matter of Phyllis Morelli, Appellant, v. Frank Morelli, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 23, 1968


Unanimously modified, on the law and on the facts, without costs or disbursements, to the extent of increasing such allowance to the sum of $75 per week, plus the rent on petitioner's apartment, as established below.

The trial court erred in awarding support for petitioner on a public charge basis, rather than on a means basis. Based on respondent's ability to pay, the present record warrants an award of $75 per week for the support of petitioner and the one child...

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