Van Wyck v. Stapp

On the appeal from the order fixing counsel fees and expenses, decided herewith (Van Wyck v. Stapp, 257 App. Div. 304), we determined that such fixation was erroneous. The present order, granting a stay for non-payment of such sums, must, of course, fall in so far as it is based on these items.

We are further of the opinion that, in so far as the stay is based upon the failure to pay alimony in the separation action, it is improper. Such alimony was directed to be paid by the husband, who has since been declared incompetent. We see no reason why this action by the mother to annul the marriage,…