Majority
p. 1242Cynthia M. Wood, Respondent-Appellant, v Kenneth E. Wood, Appellant-Respondent. [682 NYS2d 788]
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Upon consideration of plaintiffs “reasonable needs and predivorce standard of living in the context of the enumerated statutory factors * * * (see, Domestic Relations Law § 236 [B] [6] [a] [1]-[11])” (Hartog v Hartog, 85 NY2d 36 , 52), we conclude that Supreme Court did not abuse its discretion in awarding plaintiff maintenance of $400 biweekly until defendant’s retirement (see, Boughton v Boughton, 239 AD2d 935 ). The court, however, should have awarded maintenance retroactive to February 13, 1995, the date of the application therefor (see, Do
p. 1243
mestic Relations Law § 236 [B] [6] [a]; Lester v Lester, 237 AD2d 872 , 873). We therefore modify the order by providing that maintenance is retroactive to that daté (see, DiSanto v DiSanto, 198 AD2d 838 ). (Appeals from Order of Supreme Court, Wyoming County, Nenno, J. — Matrimonial.) Present— Green, J. P., Pine, Wisner, Callahan and Boehm, JJ.
Cases cited
- Hartog v. Hartog 85 NY2d 36 at 52 p. 1242
- Lester v. Lester 237 AD2d 872 at 873 p. 1243
- DiSanto v. DiSanto 198 AD2d 838 p. 1243