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Sherrock v. Sherrock

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


February 10, 2009

CHRISTINA SHERROCK, RESPONDENT,
v.
PAUL SHERROCK, APPELLANT.

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 non-jury 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.

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.

PETER B. SKELOS, J.P., FRED T. SANTUCCI, RUTH C. BALKIN and RANDALL T. ENG, JJ.

(Index No. 201372/03)

DECISION & ORDER

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

The appellant's remaining contentions are without merit.

SKELOS, J.P., SANTUCCI, BALKIN and ENG, JJ., concur.

20090210

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