Firsching v. Firsching

Appellate Division of the Supreme Court of New York

Firsching v. Firsching

145 A.D.2d 986, 538 N.Y.S.2d 717, 1988 N.Y. App. Div. LEXIS 14090

Appellate Division of the Supreme Court of the State of New York·Decided December 23, 1988·Published

Opinion

— Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court, Oneida County, for further proceedings, in accordance with the following memorandum: The maintenance award must be retroactive to the date of service of the summons and complaint (Domestic Relations Law § 236 [B] [6] [a]; Harness v Harness, 99 AD2d 658). That amount should be computed by the court after deducting the amount paid by defendant for temporary maintenance and directed to be paid either in one lump sum or through periodic payments. (Appeals from judgment of Supreme Court, Oneida County, Tenney, J. — divorce.) Present— Denman, J. P., Boomer, Balio, Lawton and Davis, JJ.

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— Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court, Oneida County, for further proceedings, in accordance with the following memorandum: The maintenance award must be retroactive to the date of service of the summons and complaint (Domestic Relations Law § 236 [B] [6] [a]; Harness v Harness, 99 AD2d 658). That amount should be computed by the court after deducting the amount paid by defendant for temporary maintenance and directed to be paid either in one lump sum or through periodic payments. (Appeals from judgment of Supreme Court, Oneida County, Tenney, J. — divorce.) Present— Denman, J. P., Boomer, Balio, Lawton and Davis, JJ.

Firsching v. Firsching, 145 A.D.2d 986, 538 N.Y.S.2d 717, 1988 N.Y. App. Div. LEXIS 14090 (N.Y. Ct. App. 1988).

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145 A.D.2d 986 (Firsching v. Firsching) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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