Opinion
DOCKET NO. A-4714-10T2
05-30-2012
MARYANN GALLAGHER (n/k/a MARYANN BOCK), Plaintiff-Respondent, v. JAMES LEO GALLAGHER, III (n/k/a JAMES L. GALLAGHER, III), Defendant-Appellant.
Scott J. Capriglione, attorney for appellant. Catherine A. Ross, attorney for respondent.
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
Before Judges Cuff and St. John.
On appeal from the Superior Court of New Jersey, Chancery Division-Family Part, Mercer County, Docket No. FM-11-34201-92.
Scott J. Capriglione, attorney for appellant.
Catherine A. Ross, attorney for respondent. PER CURIAM
In this post-judgment matrimonial appeal, defendant James Leo Gallagher, III, appeals from an order dated May 6, 2011, which requires defendant to reimburse his former wife, plaintiff Maryann Gallagher, $91,153.11. This sum represents plaintiff's share of defendant's pension unpaid to her since he retired in 2004. Judge Fitzpatrick ordered defendant to repay this sum at the rate of $500 each month.
Plaintiff commenced receiving her share of defendant's pension in May 2010.
On appeal, defendant argues that the $500 monthly payment is an arbitrary and capricious sum in light of his grave financial condition. He also contends that the judge improperly imposed fees and costs on him. The May 6, 2011 order does not impose any fees or costs. As to the remaining issue, having reviewed the record in its entirety, including the incomplete and inaccurate case information statements submitted by defendant, we conclude that the arguments advanced by defendant are without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E).
Affirmed.
I hereby certify that the foregoing is a true copy of the original on file in my office.
CLERK OF THE APPELLATE DIVISION