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HELEN HOWARD MADDREN, Respondent, v. WILLIAM HARVEY MADDREN, Appellant.

Order modified by striking out the last paragraph thereof and by substituting therefor a provision that defendant pay plaintiff alimony at the rate of sixty dollars a week from January 30, 1928. As so modified, the order is affirmed, without costs. The court was without power, under the circumstances herein, to make the alimony payable from a day prior to the date of the notice of motion. ( Thrall v. Thrall, 83 Hun, 188; Beebe v. Beebe, 158 App. Div. 948.) Lazansky, P.J., Rich, Kapper, Hagarty and Carswell, JJ., concur.

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MADDREN v. MADDREN
(Oct 1, 1928)