Loccke v. Loccke

The plaintiff in this action for divorce moves this court pursuant to section 211 of the Domestic Relations Law for temporary alimony and counsel fees pending the outcome of this action.

At the outset it should be noted that the defendant has contested the jurisdiction of this court to entertain an application for temporary alimony and counsel fees. He cites as authority section 215-e of the Domestic Relations Law and also the case of Capitella v. Capitella (55 Misc 2d 632) for the proposition tha-t such an application should be made to the Conciliation Commissioner who should hold a hearing…