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Calvaruso v. Calvaruso

276 A.D.2d 578 Court N.Y. App. Div. Decision date 2000-10-16 English

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p. 578
Joseph Calvaruso, Respondent-Appellant, v Rita Calvaruso, Appellant-Respondent.
[714 NYS2d 886]

In an action for a divorce and ancillary relief, the defendant appeals, as limited by her brief, from stated portions of a judgment of the Supreme Court, Suffolk County (McNulty, J.), entered May 28, 1999, which, inter alia, awarded her maintenance of only $2,000 per week for only 10 years, and the plaintiff cross-appeals, as limited by his brief, from stated portions of the same judgment which, inter alia, awarded the defendant maintenance of $2,000 per week for 10 years.

Ordered that the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The trial court properly awarded the defendant 30% of the plaintiff’s partnership interest in his law firm (see, Domestic Relations Law § 236 [B] [5] [d] [6]).

Moreover, the trial court properly considered all relevant factors before awarding maintenance to the defendant, and the amount and the duration of the award represent a provident exercise of discretion (see, O’Shea v O’Shea, 237 AD2d 499 ; Sperling v Sperling, 165 AD2d 338 ).

The parties’ remaining contentions are without merit. Mangano, P. J., S. Miller, Friedmann and Feuerstein, JJ., concur.

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