Smith v. Smith

Order unanimously modified so as to eliminate provision for out-of-pocket disbursements and, as so modified, affirmed, without prejudice to an application to this court by appellant for leave to prosecute the appeal upon typewritten record and points. In the circumstance the relief granted was not warranted. Settle order on notice. Present • — Cohn, J. P., Callahan, Breitel and Botein, JJ.