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Calvaruso v. Calvaruso

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 2000
276 A.D.2d 578 (N.Y. App. Div. 2000)

Opinion

Argued September 11, 2000.

October 16, 2000.

In an action for a divorce and ancillary relief, the defendant appeals, as limited by her brief, from stated portions of a judgment of the Supreme Court, Suffolk County (McNulty, J.), entered May 28, 1999, which, inter alia, awarded her maintenance of only $2,000 per week for only 10 years, and the plaintiff cross-appeals, as limited by his brief, from stated portions of the same judgment which, inter alia, awarded the defendant maintenance of $2,000 per week for 10 years.

Howard B. Felcher, New York, N.Y. (Diane S. Uyar of counsel), for appellant-respondent.

Goldstein, Rubinton, Goldstein DiFazio, P.C., Huntington, N Y (S. Russ DiFazio and Peter D. Rubinton of counsel), for respondent-appellant.

Before: GUY JAMES MANGANO, P.J., SONDRA MILLER, WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The trial court properly awarded the defendant 30% of the plaintiff's partnership interest in his law firm (see, Domestic Relations Law § 236[B][5][d][6]).

Moreover, the trial court properly considered all relevant factors before awarding maintenance to the defendant, and the amount and the duration of the award represent a provident exercise of discretion (see, O'Shea v. O'Shea, 237 A.D.2d 499, revd on other grounds 93 N.Y.2d 187; Sperling v. Sperling, 165 A.D.2d 338).

The parties' remaining contentions are without merit.


Summaries of

Calvaruso v. Calvaruso

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 2000
276 A.D.2d 578 (N.Y. App. Div. 2000)
Case details for

Calvaruso v. Calvaruso

Case Details

Full title:JOSEPH CALVARUSO, RESPONDENT-APPELLANT, v. RITA CALVARUSO…

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

Date published: Oct 16, 2000

Citations

276 A.D.2d 578 (N.Y. App. Div. 2000)
714 N.Y.S.2d 886

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