Baia v. Baia

—Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: In 1985 Family Court modified a divorce decree entered in 1966 by directing respondent to pay petitioner support in the amount of $20 per week for a total of 52 weeks and providing that thereafter no alimony shall be paid. Petitioner appeals from that portion of the order which limits alimony to a definite period of 52 weeks. Under the circumstances here present, whether alimony should have been eliminated at a future date should not have been decided by Family Court (see, Tumolillo v Tumolillo, 71 AD2d 625 , affd 51 NY2d 790 ; Sterlace v Sterlace, 52 AD2d 743 , 744; Matter of Stolls v Cabot, 45 AD2d 1014 ). The provision terminating petitioner’s alimony after 52 weeks constitutes an in futuro