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Sherrock v. Sherrock

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 2009
59 A.D.3d 517 (N.Y. App. Div. 2009)

Opinion

No. 2007-07295.

February 10, 2009.

In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Nassau County (Copertino, J.H.O.), entered June 27, 2007, as, after a nonjury trial, directed him to pay spousal maintenance in the sum of $383 per week for a period of 26 months and child support in the sum of $665 per week, and awarded the plaintiff an attorney's fee in the sum of $8,500.

Curtis R. Exum, Hauppauge, N.Y., for appellant.

Edward M. Gould, Islip, N.Y., for respondent.

Before: Skelos, J.P., Santucci, Balkin and Eng, JJ.


Ordered that the judgment is affirmed insofar as appealed from, with costs.

The trial court providently exercised its discretion in applying the statutory percentage of 25% ( see Family Ct Act § 413 [b] [3] [ii]) to the portion of the parents' combined annual income which exceeded the sum of $80,000 ( see Matter of Cassano v Cassano, 85 NY2d 649). Further, the amount and duration of the maintenance award was proper ( see Griggs v Griggs, 44 AD3d 710).

The appellant's remaining contentions are without merit.


Summaries of

Sherrock v. Sherrock

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 2009
59 A.D.3d 517 (N.Y. App. Div. 2009)
Case details for

Sherrock v. Sherrock

Case Details

Full title:CHRISTINA SHERROCK, Respondent, v. PAUL SHERROCK, Appellant

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

Date published: Feb 10, 2009

Citations

59 A.D.3d 517 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 1100
872 N.Y.S.2d 298