DeLuise v. DeLuise

Appellate Division of the Supreme Court of New York

DeLuise v. DeLuise

305 A.D.2d 142, 760 N.Y.S.2d 130, 2003 N.Y. App. Div. LEXIS 4935

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

DecidedMay 6, 2003

StatusPublished

This text of 305 A.D.2d 142 (DeLuise v. DeLuise) 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

DeLuise v. DeLuise, 305 A.D.2d 142, 760 N.Y.S.2d 130, 2003 N.Y. App. Div. LEXIS 4935 (N.Y. Ct. App. 2003).

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Opinion

Order, Supreme Court, Bronx County (LaTia Martin, J.), entered on or about May 30, 2001, [143]*143which (1) upon the parties’ respective motions to partially reject a special referee’s report, granted plaintiffs motion for an upward modification of defendant’s $100 weekly maintenance obligation only to extent of directing defendant to pay an additional $100 per week and to provide plaintiff with health insurance, and (2) denied plaintiffs motion to hold defendant in contempt for defaulting on his original maintenance obligation, unanimously affirmed, without costs.

The challenged modification in maintenance reflects a proper balancing of plaintiff’s substantial change in circumstances due to deteriorating health and defendant’s ability to pay for plaintiffs new needs (Domestic Relations Law § 236 [B] [9] [b]), and is otherwise substantially supported by the record (see Golden v Golden, 228 AD2d 184 [1996]). Plaintiffs contempt motion was properly denied based upon credible evidence of defendant’s inability to pay his original maintenance obligation due to college tuition expenses. We have considered plaintiffs other arguments and find them unavailing. Concur — Buckley, P.J., Nardelli, Mazzarelli, Sullivan and Gonzalez, JJ.

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Order, Supreme Court, Bronx County (LaTia Martin, J.), entered on or about May 30, 2001, [143]*143which (1) upon the parties’ respective motions to partially reject a special referee’s report, granted plaintiffs motion for an upward modification of defendant’s $100 weekly maintenance obligation only to extent of directing defendant to pay an additional $100 per week and to provide plaintiff with health insurance, and (2) denied plaintiffs motion to hold defendant in contempt for defaulting on his original maintenance obligation, unanimously affirmed, without costs.

The challenged modification in maintenance reflects a proper balancing of plaintiff’s substantial change in circumstances due to deteriorating health and defendant’s ability to pay for plaintiffs new needs (Domestic Relations Law § 236 [B] [9] [b]), and is otherwise substantially supported by the record (see Golden v Golden, 228 AD2d 184 [1996]). Plaintiffs contempt motion was properly denied based upon credible evidence of defendant’s inability to pay his original maintenance obligation due to college tuition expenses. We have considered plaintiffs other arguments and find them unavailing. Concur — Buckley, P.J., Nardelli, Mazzarelli, Sullivan and Gonzalez, JJ.

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Bluebook (online)

305 A.D.2d 142, 760 N.Y.S.2d 130, 2003 N.Y. App. Div. LEXIS 4935, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deluise-v-deluise-nyappdiv-2003.

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