Kyle v. Kyle

Full title: ROBERT J. KYLE, Appellant, v. EILEEN M. KYLE, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 28, 1994

202 A.D.2d 643 (N.Y. App. Div. 1994)

610 N.Y.S.2d 839

Opinion

March 28, 1994

Appeal from the Supreme Court, Suffolk County (Doyle, J.).

Ordered that the judgment is affirmed, with costs.

The husband's contention that the Supreme Court erred in granting lifetime maintenance to the wife, upon remittitur, without taking further testimony, is without merit. We find that there was a sufficient basis upon which the court could award maintenance in accordance with the factors to be considered pursuant to Domestic Relations Law § 236 (B) (6).

Moreover, we find that, under the circumstances, the award of lifetime maintenance in the amount of $125 per week was proper (see, Formato v. Formato, 134 A.D.2d 564). Miller, J.P., Copertino, Santucci and Goldstein, JJ., concur.