
    (70 Hun, 598;
    mem. report without opinion.)
    BUCKI v. BUCKI.
    (Supreme Court, General Term, First Department.
    June 30, 1893.)
    Divorce—Aliho nt.
    Where the allegation of a complaint in divorce, if proven, will entitle plaintiff to a decree, an order for alimony and counsel fees is proper.
    Appeal from special term, New York county.
    Proceedings for divorce by Hattie E. Bucki against Charles E. Bucki, for cruelty and abandonment. From an order granting alimony and counsel fees, defendant appeals.
    Affirmed.
    Argued before VAN BRUNT, P. J., and FOLLETT and PARKER, JJ.
    
      Vantlerpoel, Cuming & Goodwin, (Delos McCurdy, of counsel,) for appellant.
    Howe & Hummel, (Austin G. Fox, of counsel,) for respondent.
   FEE CURIAM.

The allegations in the complaint, if supported by evidence on the trial, will entitle plaintiff to the judgment prayed for. A situation, therefore, was presented on the motion which authorized the court, in the exercise of a proper judicial discretion, to make an allowance for costs and alimony pending the action. The amount awarded was justified, we think, by the affidavits before the court. The order appealed from should be affirmed, with $10 costs and disbursements.  