Joan B. Mendelsohn v. David Mendelsohn

[36 A.D.2d 952 Page 952] The affidavits submitted at Special Term indicate that plaintiff has sufficient assets to maintain herself pending trial
of this action. Temporary alimony should not be encouraged unless there is a genuine necessity therefor (Swinson v. Swinson,
29 A.D.2d 693; Light v. Light, 29 A.D.2d 540; Katzman v. Katzman, 28 A.D.2d 1134). Additionally, under the circumstances of
this case, it was an improvident exercise of discretion to award plaintiff a counsel fee. The determination of plaintiff's
alimony and counsel fee, if any, should be reserved for the trial court. It appears that the orders appealed from were based
in part upon a report of the Conciliation Commissioner not contained in the record, which, in [36 A.D.2d 952 Page 953]