Samuel C. Alpert v. Helen Alpert

In our opinion, the conflicting affidavits submitted by the respective parties do not contain sufficient facts to support a proper determination on the merits of the wife's motion either with respect to an increase in alimony or with respect to a counsel fee. Hence, a hearing must be held for the purpose of developing all the relevant facts indicated above. Disposition Appeal from order of June 18, 1963 dismissed; that order was superseded by the order of August 2, 1963 made upon reargument. Order of August 2, 1963, insofar as appealed from, reversed, without costs; and the wife's motion, insofar as she seeks to modify the judgment by increasing the alimony and insofar as she seeks a counsel fee, is remitted to the Special Term: (1) for the purpose of holding a plenary hearing as to: (a) the income and assets of the respective parties, both current and as of the time of the trial; (b) their respective needs and standards of living, then and now; (c) the changes, if any, in their circumstances since the date of the trial; and (d) all other facts relevant to the issue whether any increase in the alimony is warranted, and if so, in what amount; and (2) for the purpose of making a determination de novo , on the basis of all the proof adduced, of the wife's motion insofar as she seeks an increase in the alimony and a counsel fee.