Sherrock v. Sherrock

Appellate Division of the Supreme Court of New York

Sherrock v. Sherrock

59 A.D.3d 517, 872 N.Y.S.2d 298

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

DecidedFebruary 10, 2009

StatusPublished

This text of 59 A.D.3d 517 (Sherrock v. Sherrock) 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

Sherrock v. Sherrock, 59 A.D.3d 517, 872 N.Y.S.2d 298 (N.Y. Ct. App. 2009).

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Opinion

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.

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 [1] [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 [1995]). Further, the amount and duration of the maintenance award was proper (see Griggs v Griggs, 44 AD3d 710 [2007]).

The appellant’s remaining contentions are without merit. Skelos, J.E, Santucci, Balkin and Eng, JJ., concur.

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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.

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 [1] [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 [1995]). Further, the amount and duration of the maintenance award was proper (see Griggs v Griggs, 44 AD3d 710 [2007]).

The appellant’s remaining contentions are without merit. Skelos, J.E, Santucci, Balkin and Eng, JJ., concur.

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Bluebook (online)

59 A.D.3d 517, 872 N.Y.S.2d 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherrock-v-sherrock-nyappdiv-2009.

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