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Rainey v. Rainey

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 1, 2011
83 A.D.3d 1480 (N.Y. App. Div. 2011)

Opinion

No. CA 10-01457.

April 1, 2011.

Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered May 27, 2010 in a postjudgment divorce action. The order, among other things, denied the motion of plaintiff for the entry of a money judgment for maintenance arrears.

MCGEE GELMAN, BUFFALO (MICHAEL B. MULVEY OF COUNSEL), FOR PLAINTIFF-APPELLANT.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (MELISSA A. CAVAGNARO OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present — Smith, J.P., Fahey, Peradotto, Lindley and Martoche, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law and the facts by vacating the second through fifth ordering paragraphs, and awarding plaintiff the amount of $7,800 in maintenance arrears, together with a money judgment thereon, and as modified the order is affirmed without costs and the matter is remitted to Supreme Court, Niagara County, for further proceedings in accordance with the same memorandum as in Rainey v Rainey ( 83 AD3d 1477).


Summaries of

Rainey v. Rainey

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 1, 2011
83 A.D.3d 1480 (N.Y. App. Div. 2011)
Case details for

Rainey v. Rainey

Case Details

Full title:KRISTIN RAINEY, Appellant, v. JASON RAINEY, Respondent. (Appeal No. 2.)

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

Date published: Apr 1, 2011

Citations

83 A.D.3d 1480 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 2607
919 N.Y.S.2d 919