From Casetext: Smarter Legal Research

Machado v. Machado

Appellate Division of the Supreme Court of New York, Second Department
Jun 3, 2002
295 A.D.2d 324 (N.Y. App. Div. 2002)

Opinion

01-03606

Submitted April 25, 2002

June 3, 2002

In a matrimonial action in which the parties were divorced by a judgment dated June 12, 1986, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (LeVine, J.), dated January 3, 2001, as denied her cross motion for maintenance and pension arrears, and the imposition of a sanction and for an attorney's fee.

Marion Machado, Queens, N.Y., appellant pro se.

DeSena Sweeney, LLP, Queens, N.Y. (Louis J. DeSena of counsel), for respondent.

ANITA R. FLORIO, J.P., CORNELIUS J. O'BRIEN, LEO F. McGINITY, HOWARD MILLER, JJ.


ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the plaintiff's pension arrears should be offset by the $45,810 in maintenance he paid to the defendant after she remarried without his knowledge (see Grossman v. Merke-Grossman, 248 A.D.2d 670; Stein v. Stein, 261 A.D.2d 606). Accordingly, since the amount overpaid by the plaintiff in maintenance exceeds the amount of his pension arrears, the defendant was not entitled to payment of those arrears.

The defendant's remaining contention is without merit.

FLORIO, J.P., O'BRIEN, McGINITY and H. MILLER, JJ., concur.


Summaries of

Machado v. Machado

Appellate Division of the Supreme Court of New York, Second Department
Jun 3, 2002
295 A.D.2d 324 (N.Y. App. Div. 2002)
Case details for

Machado v. Machado

Case Details

Full title:DONALD J. MACHADO, respondent, v. MARION MACHADO, appellant

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

Date published: Jun 3, 2002

Citations

295 A.D.2d 324 (N.Y. App. Div. 2002)
743 N.Y.S.2d 885