Opinion
April 3, 1989
Appeal from the Supreme Court, Queens County (Bianchi, J.).
Ordered that the judgment is affirmed insofar as appealed from, with costs.
The Supreme Court properly concluded that the defendant wife was entitled to maintenance of $150 per week for five years. The record supports the conclusion that the defendant's health problems have restricted her future earning capacity, while the plaintiff has a far greater earning capacity as a college-educated engineer (see, Rodgers v. Rodgers, 98 A.D.2d 386).
Since the plaintiff failed to prove, at trial, that the defendant's health problems were feigned, the court properly refused to consider the issue in developing its distributive plan. Moreover, the court scrupulously reviewed and considered all the evidence adduced at trial in fashioning a distributive plan, which, under the circumstances, was not objectionable (see, Maloney v. Maloney, 137 A.D.2d 666; Gluck v. Gluck, 134 A.D.2d 237).
We have reviewed the plaintiff's remaining contentions and find them to be without merit. Mangano, J.P., Kooper, Sullivan and Harwood, JJ., concur.