Burns v. Burns

Full title: EVELYN BURNS, Respondent, v. THOMAS H. BURNS, Appellant

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

Date published: Apr 5, 1999

260 A.D.2d 336 (N.Y. App. Div. 1999)

686 N.Y.S.2d 323

Opinion

April 5, 1999

Appeal from the Supreme Court, Dutchess County (Beisner, J.).

Ordered that the appeal from the order dated December 8, 1997, is dismissed, as that order was superseded by the order dated June 10, 1998, made upon reargument; and it is further,

Ordered that the order dated June 10, 1998, is affirmed insofar as appealed from; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

The award of maintenance did not constitute an improvident exercise of the court's discretion ( see, Feldman v. Feldman, 194 A.D.2d 207). Moreover, the defendant former husband provided no valid basis for remitting the matter to the Supreme Court for further proceedings.

Mangano, P. J., Santucci, Krausman and Florio, JJ., concur.