Bailey v. Bailey

Appellate Division of the Supreme Court of New York

Bailey v. Bailey

156 A.D.2d 955, 550 N.Y.S.2d 864, 1989 N.Y. App. Div. LEXIS 16107

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 20, 1989

StatusPublished

This text of 156 A.D.2d 955 (Bailey v. Bailey) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bailey v. Bailey, 156 A.D.2d 955, 550 N.Y.S.2d 864, 1989 N.Y. App. Div. LEXIS 16107 (N.Y. Ct. App. 1989).

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Opinion

Judgment insofar as appealed from unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: The court did not abuse its discretion in awarding maintenance for one year (see, Petrie v Petrie, 124 AD2d 449, 451, Iv dismissed 69 NY2d 1038; Eli v Eli, 123 AD2d 819, 820) and in denying defendant counsel and expert witness fees (see, Basile v Basile, 122 AD2d 759, 760; Bidwell v Bidwell, 122 AD2d 364, 367). The maintenance award for one year, however, should be made retroactive to March 8, 1988, when defendant applied for temporary maintenance (see, Domestic Relations Law § 236 [B] [6] [a]; Rodgers v Rodgers, 98 AD2d 386, 390, n 1, appeal dismissed 62 NY2d 646). (Appeal from judgment of Supreme Court, Monroe County, Scudder, J. — divorce.) Present — Dillon, P. J., Callahan, Denman, Green and Lawton, JJ.

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Judgment insofar as appealed from unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: The court did not abuse its discretion in awarding maintenance for one year (see, Petrie v Petrie, 124 AD2d 449, 451, Iv dismissed 69 NY2d 1038; Eli v Eli, 123 AD2d 819, 820) and in denying defendant counsel and expert witness fees (see, Basile v Basile, 122 AD2d 759, 760; Bidwell v Bidwell, 122 AD2d 364, 367). The maintenance award for one year, however, should be made retroactive to March 8, 1988, when defendant applied for temporary maintenance (see, Domestic Relations Law § 236 [B] [6] [a]; Rodgers v Rodgers, 98 AD2d 386, 390, n 1, appeal dismissed 62 NY2d 646). (Appeal from judgment of Supreme Court, Monroe County, Scudder, J. — divorce.) Present — Dillon, P. J., Callahan, Denman, Green and Lawton, JJ.

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Bluebook (online)

156 A.D.2d 955, 550 N.Y.S.2d 864, 1989 N.Y. App. Div. LEXIS 16107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bailey-v-bailey-nyappdiv-1989.

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