HELSEL v. HELSEL


51 A.D.2d 513 (1976)

Marjorie Helsel, Respondent-Appellant, v. Raymond Helsel, Appellant-Respondent

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

January 5, 1976


The testimony adduced at the trial fails to establish the abandonment of the plaintiff by the defendant for a period of one or more years. (Domestic Relations Law, § 170, subd [2].) However, such failure of proof, resulting in a denial of a divorce to plaintiff, does not preclude the granting of ancillary relief (Domestic Relations Law, §§ 236, 237, 240). On the record before us, the alimony and the counsel fee awards were excessive to the extent indicated...

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