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Schultz v. Schultz

Appellate Division of the Supreme Court of New York, Second Department
Oct 20, 2003
309 A.D.2d 849 (N.Y. App. Div. 2003)

Opinion

2002-06999

Argued September 25, 2003.

October 20, 2003.

In an action for a divorce and ancillary relief, the plaintiff appeals, as limited by her brief, from stated portions of a judgment of the Supreme Court, Suffolk County (Oliver, J.), entered July 3, 2002, which, inter alia, equitably distributed the marital property and awarded her maintenance only for a period of 10 years or until the defendant retires, and the defendant cross-appeals, as limited by his brief, from stated portions of the same judgment, which, inter alia, equitably distributed the marital property and awarded the plaintiff maintenance for a period of 10 years or until the defendant retires.

Tabat, Cohen, Blum Kramer, LLP, West Islip, N.Y. (Robert A. Cohen and Michelle J. Pessah of counsel), for appellant-respondent.

Goldstein, Rubinton, Goldstein DiFazio, P.C., Huntington, N.Y. (S. Russ DiFazio of counsel), for respondent-appellant.

Before: MYRIAM J. ALTMAN, J.P., HOWARD MILLER, THOMAS A. ADAMS, SANDRA L. TOWNES, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

We find no reason to disturb the trial court's determination as to equitable distribution of the marital property ( see Sebag v. Sebag, 294 A.D.2d 560; Oster v. Goldberg, 226 A.D.2d 515). Similarly, the amount and duration of maintenance are matters committed to the sound discretion of the trial court and the trial court providently exercised its discretion with respect thereto ( see Chalif v. Chalif, 298 A.D.2d 348; Damato v. Damato, 215 A.D.2d 348).

The parties' remaining contentions are without merit.

ALTMAN, J.P., H. MILLER, ADAMS and TOWNES, JJ., concur.


Summaries of

Schultz v. Schultz

Appellate Division of the Supreme Court of New York, Second Department
Oct 20, 2003
309 A.D.2d 849 (N.Y. App. Div. 2003)
Case details for

Schultz v. Schultz

Case Details

Full title:MARLENE SCHULTZ, appellant-respondent, v. DONALD SCHULTZ…

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

Date published: Oct 20, 2003

Citations

309 A.D.2d 849 (N.Y. App. Div. 2003)
766 N.Y.S.2d 76

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