Bittson v. Bittson — 7 A.D.2d 867

Majority

p. 867

Hazel F. Bittson, Respondent, v. Anthony J. Bittson, Appellant.

Appeal from an order denying, without a hearing, appellant’s application to modify a judgment of separation by eliminating the award of alimony to

p. 868

respondent and to direct the custodian-receiver to pay appellant the income from certain property. Order reversed, without costs, and application remitted to the Special Term for determination after a hearing. Appellant is not prevented from applying for a reduction in alimony because of arrears. (Mandel v. Mandel, 241 App. Div. 882 ; Staples v. Staples, 206 App. Div. 196 ; Wiseman v. Wiseman, 172 Misc. 114 ; Schacknow v. Schacknow, 146 Misc. 6 .) The questions as to the present financial status of the parties and whether there has been a change of circumstances since the entry of the judgment of separation in December, 1954 should be determined after a hearing. Nolan, P. J., Wenzel, Beldock, Murphy and Ughetta, JJ., concur.

Cases cited

Wiseman v. Wiseman 172 Misc. 114 N.Y. Sup. Ct. 1939-07-31 p. 868