La Porte v. La Porte

Order unanimously reversed, without costs, and application denied. Memorandum: Defendant appeals from an order, dated September 30, 1977, granting plaintiff, his former wife, $890 for attorney’s fees and disbursements pending defendant’s appeal (La Porte v La Porte, 60 AD2d 966) from a divorce decree. Inasmuch as the primary basis for defendant’s appeal concerning the propriety of the direction that plaintiff have sole occupancy of the marital home was meritorious (see Sharer v Sharer, 60 AD2d 780), a fact now apparently conceded by plaintiff after defendant has incurred legal expenses in…