Appellate Division of the Supreme Court of the State of New York March 17, 1977 (Hyman v. Hyman)

Birns, J. P.

In this matrimonial action, wherein plaintiff-respondent seeks a separation on the grounds of abandonment and nonsupport and defendant-appellant counterclaims for a divorce alleging cruel and inhuman treatment, the sole issue on this appeal is whether respondent is entitled to temporary alimony and a counsel fee pendente lite.