FUMIA v. FUMIA


33 A.D.2d 651 (1969)

Catherine Fumia, Respondent-Appellant, v. Victor Fumia, Appellant-Respondent

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

October 30, 1969


Order unanimously modified in accordance with the Memorandum herein and as so modified affirmed, with costs to plaintiff.

Memorandum:

Special Term in a proper exercise of its discretion, having regard to the circumstances of the case and of the respective parties, should have directed defendant husband to pay the entire expense of the application to modify the judgment for alimony. (See Domestic Relations Law, § 237, subd. [b].) We find that the fair...

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