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Asselta v. Asselta

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 1995
221 A.D.2d 394 (N.Y. App. Div. 1995)

Opinion

November 13, 1995

Appeal from the Supreme Court, Rockland County (Stolarik, J.).


Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

We discern no error in the court limiting the defendant's maintenance award to $125 per week for seven years, inasmuch as the court properly weighed the necessary factors, especially that of the plaintiff's limited financial means resulting from the expenses attendant to his support of the parties' three children (see, Domestic Relations Law § 236 [B] [6]; Majauskas v Majauskas, 61 N.Y.2d 481; Loeb v Loeb, 186 A.D.2d 174). In addition, the court correctly concluded that the best interests of the children would be served by limiting the defendant's visitation rights to Sundays ( see, Friederwitzer v Friederwitzer, 55 N.Y.2d 89; McDonald v McDonald, 216 A.D.2d 276; John v John, 214 A.D.2d 536). Finally, the court properly declined to award the defendant counsel fees in light of the plaintiff's "precarious financial condition" (Anderson v Anderson, 153 A.D.2d 823, 825; Domestic Relations Law § 237 [a]). Thompson, J.P., Joy, Goldstein and Florio, JJ., concur.


Summaries of

Asselta v. Asselta

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 1995
221 A.D.2d 394 (N.Y. App. Div. 1995)
Case details for

Asselta v. Asselta

Case Details

Full title:JOHN ASSELTA, Respondent, v. EILEEN ASSELTA, Also Known as EILEEN SHEEHAN…

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

Date published: Nov 13, 1995

Citations

221 A.D.2d 394 (N.Y. App. Div. 1995)
634 N.Y.S.2d 390