Opinion
May 12, 1986
Appeal from the Supreme Court, Westchester County (Coppola, J., Dachenhausen, J., Beisner, J.).
Appeal from the order entered December 7, 1984 dismissed (see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeals from the amended judgments (CPLR 5501 [a] [1]).
Amended judgment dated February 19, 1985, in the amount of $10,075 modified, on the law and the facts, by substituting the sum of $7,524 for the sum of $10,075. As so modified, amended judgment affirmed.
Amended judgment dated February 19, 1985, in the amount of $6,567.25 modified, on the law and the facts, by substituting the sum of $4,782.25 for the sum of $6,567.25. As so modified, amended judgment affirmed.
The plaintiff is awarded one bill of costs.
Under the terms of this court's order and decision dated June 4, 1984, on the prior appeal in this action, the pendente lite award of maintenance and child support was modified, inter alia, by directing the defendant to assume responsibility pendente lite for payment of the mortgage on the marital residence (see, Reingold v Reingold, 102 A.D.2d 820). In view thereof, the plaintiff is entitled to credit for the payments he made to the mortgagee on the mortgage on the marital residence, during the periods in question. Accordingly the judgments are hereby modified to reflect these credits.
We have reviewed the plaintiff's remaining contentions and find them to be without merit. Mollen, P.J., Thompson, Niehoff, Rubin and Kunzeman, JJ., concur.