Opinion
CA 06-00670.
September 29, 2006.
Appeal from a judgment of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered May 26, 2005 in a divorce action. The judgment, insofar as appealed from, limited the award of maintenance and counsel fees to defendant.
J. ALEXANDER DAVIDSON, SYRACUSE, FOR DEFENDANT-APPELLANT.
STEPHEN D. ARONSON, CANANDAIGUA, FOR PLAINTIFF-RESPONDENT.
Present — Gorski, J.P., Martoche, Smith and Pine, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Defendant appeals from a judgment that, inter alia, granted plaintiff a divorce and awarded defendant maintenance in the amount of $1,000 per month "until the earliest of the death of either party, defendant's remarriage or cohabitation within the meaning of Domestic Relations Law § 248, or a period of one year. Contrary to defendant's contention, Supreme Court did not abuse its discretion in limiting the award of maintenance to, at most, a period of one year ( see generally Schultz v Schultz, 309 AD2d 849). Also contrary to defendant's contention, the court did not abuse its discretion in refusing to award defendant the full amount of counsel fees sought ( see DeCabrera v Cabrera-Rosete, 70 NY2d 879, 881).