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Wing v. Wing

December 2, 2008

RONALD W. WING, RESPONDENT,
v.
MARY JANE WING, APPELLANT.



In an action for a divorce and ancillary relief, the defendant appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Dutchess County (Pagones, J.), entered May 23, 2007, as, after a non-jury trial, failed to award her maintenance and failed to award her a credit for certain expenditures she made in connection with the marital residence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

HOWARD MILLER, J.P., THOMAS A. DICKERSON, JOHN M. LEVENTHAL and ARIEL E. BELEN, JJ.

(Ind. No. 76/05)

DECISION & ORDER

ORDERED that the judgment is affirmed insofar as appealed from, without costs or disbursements.

The defendant contends that the Supreme Court erred in failing to award her maintenance. The defendant's contention is without merit. Since the defendant failed to show necessity or the inability to maintain herself, she did not meet her burden of proof with respect to her claim for maintenance (see Nell v Nell, 166 AD2d 154).

The defendant's remaining contention is without merit.

MILLER, J.P., DICKERSON, LEVENTHAL and BELEN, JJ., concur.

20081202

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