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Allaire v. Allaire

157 N.Y.S. 1116 Court N.Y. App. Div. Decision date 1916-01-14 English

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p. 1116
Alyce M. ALLAIRE, respondent, v. Charlei M. ALLAIRE, appellant.
(Supreme Court Appellate Division, Second Department.
January 14, 1916.)

In his discretion, the court a Special Term declined to discharge from ai alimony order a defaulting defendant who, ii violation of our decree, had within three month remarried in New Jersey. Besides being a dis obedience, his act consisted also in taking or himself a new financial responsibility whicl tended to prevent him from paying the sums di rected for plaintiff’s support. His conduct therefore, cannot commend his appeal to a Net York court. Ryer v. Ryer, 33 Hun, 116 . A appellant makes out no ground for us to inter fere with the refusal of the court at Suecia Term to relieve him, the order is affirmed, wit $10 costs and disbursements. Jenks, P. J., an Thomas, Stapleton, Mills, and Putnam, JJ concur.