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Alam v. Alam

Supreme Court, Appellate Division, Second Department, New York.
Jan 23, 2019
168 A.D.3d 896 (N.Y. App. Div. 2019)

Opinion

2017–07487 Index No. 747/12

01-23-2019

Nurussabah ALAM, Respondent, v. Mansoor ALAM, Appellant.

Hegge & Confusione, LLC, New York, N.Y. (Michael Confusione of counsel), for appellant. Sandra Spector, Bethpage, NY, for respondent.


Hegge & Confusione, LLC, New York, N.Y. (Michael Confusione of counsel), for appellant.

Sandra Spector, Bethpage, NY, for respondent.

RUTH C. BALKIN, J.P., LEONARD B. AUSTIN, FRANCESCA E. CONNOLLY, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

ORDERED that the amended judgment of divorce is affirmed insofar as appealed from, with costs.

The parties were married in 1978 and have three children who are now adults. During the marriage, the defendant worked in the banking industry and the plaintiff was a homemaker and the primary caregiver for the parties' children. In 2005, the defendant retired. In 2012, the plaintiff commenced this action for a divorce and ancillary relief. Following a nonjury trial on the issues of maintenance and equitable distribution of the marital property, the Supreme Court issued a decision after trial, and subsequently an amended judgment of divorce, inter alia, awarding the plaintiff maintenance in the sum of $400 per month until she becomes eligible to receive Social Security benefits.

"The amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its unique facts" ( Culen v. Culen, 157 A.D.3d 926, 928, 69 N.Y.S.3d 702 ). Here, the Supreme Court considered the relevant statutory factors and providently exercised its discretion in awarding the plaintiff maintenance in the sum of $400 per month until she becomes eligible to receive Social Security benefits (see Santangelo v. Santangelo, 163 A.D.3d 599, 600, 76 N.Y.S.3d 828 ).The defendant's remaining contentions are without merit.

BALKIN, J.P., AUSTIN, CONNOLLY and CHRISTOPHER, JJ., concur.


Summaries of

Alam v. Alam

Supreme Court, Appellate Division, Second Department, New York.
Jan 23, 2019
168 A.D.3d 896 (N.Y. App. Div. 2019)
Case details for

Alam v. Alam

Case Details

Full title:Nurussabah ALAM, Respondent, v. Mansoor ALAM, Appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Jan 23, 2019

Citations

168 A.D.3d 896 (N.Y. App. Div. 2019)
168 A.D.3d 896

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