Matter Nicole Mouscardy v. Pierre Mouscardy

[63 A.D.2d 973 Page 973] On the court's own motion, its decision and order, both dated April 24, 1978, are vacated and recalled, and the following substituted decision is rendered: In a custody proceeding, the appeal is from an order of the Family Court, Queens County, dated January 13, 1977, which, after a hearing, awarded custody of two of three minor children to the respondent father. Order affirmed, without costs or disbursements, and proceeding remanded to the Family Court to (1) fix the amount of alimony and child support for the parties' son, Tom, who remains in petitioner's custody and (2) make a determination as to an award of counsel fees in the custody proceeding. Pending such determination, the respondent is directed to pay petitioner the sum of $25 per week as alimony and $25 per week as child support. Petitioner is granted leave to apply de novo to Special Term for counsel fees with respect to the annulment action. The parties were married in 1964 and, during the marriage, produced three children: Lisa, who is presently 12 years old; Carol, who is presently 10 years old; and Tom, who is presently 3 years old. Marital problems developed and the parties separated in 1970, although there were subsequent periods of reconcilation (respondent initially challenged the paternity of the child Tom, born in 1974, but now concedes the child is his). In 1975 the respondent commenced an action in the Supreme Court, Queens County, to annul the marriage upon the ground that a Mexican divorce decree which had dissolved his prior marriage [63 A.D.2d 973 Page 974]