Bognanno v. Bognanno

Appellate Division of the Supreme Court of New York

Bognanno v. Bognanno

161 A.D.2d 1201, 555 N.Y.S.2d 992, 1990 N.Y. App. Div. LEXIS 9228

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

DecidedMay 11, 1990

StatusPublished

This text of 161 A.D.2d 1201 (Bognanno v. Bognanno) 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

Bognanno v. Bognanno, 161 A.D.2d 1201, 555 N.Y.S.2d 992, 1990 N.Y. App. Div. LEXIS 9228 (N.Y. Ct. App. 1990).

Pincite

Opinion

Judgment unanimously modified as an exercise of discretion and as modified affirmed with costs to plaintiff, in accordance with the following memorandum: In our judgment, plaintiff should be awarded maintenance in the amount of $100 a week for three years, commencing June 1, 1987, the date of the service of the summons with notice of request for maintenance (see, Domestic Relations Law § 236 [B] [6] [a]). The trial court found that plaintiff was minimally supporting herself and, on completion of a three-year course leading to certification as a travel agent, would be able to support herself in the future. In view of the great disparity in the incomes of the parties, the long [1202]*1202duration of the marriage, and the present limited earning capacity of plaintiff, it is appropriate that defendant pay maintenance to plaintiff as indicated.

We see no reason to upset the trial court’s determination to award physical custody of the children to defendant, or its determination in dividing the marital property. Finally, we reject defendant’s argument on his cross appeal that plaintiff should have been required to contribute toward the support of the children. (Appeals from judgment of Supreme Court, Ontario County, Boehm, J.—divorce.) Present—Denman, J. P., Boomer, Pine, Davis and Lowery, JJ.)

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Judgment unanimously modified as an exercise of discretion and as modified affirmed with costs to plaintiff, in accordance with the following memorandum: In our judgment, plaintiff should be awarded maintenance in the amount of $100 a week for three years, commencing June 1, 1987, the date of the service of the summons with notice of request for maintenance (see, Domestic Relations Law § 236 [B] [6] [a]). The trial court found that plaintiff was minimally supporting herself and, on completion of a three-year course leading to certification as a travel agent, would be able to support herself in the future. In view of the great disparity in the incomes of the parties, the long [1202]*1202duration of the marriage, and the present limited earning capacity of plaintiff, it is appropriate that defendant pay maintenance to plaintiff as indicated.

We see no reason to upset the trial court’s determination to award physical custody of the children to defendant, or its determination in dividing the marital property. Finally, we reject defendant’s argument on his cross appeal that plaintiff should have been required to contribute toward the support of the children. (Appeals from judgment of Supreme Court, Ontario County, Boehm, J.—divorce.) Present—Denman, J. P., Boomer, Pine, Davis and Lowery, JJ.)

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Bluebook (online)

161 A.D.2d 1201, 555 N.Y.S.2d 992, 1990 N.Y. App. Div. LEXIS 9228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bognanno-v-bognanno-nyappdiv-1990.

Opinion

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