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Sofien v. Noel

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


March 20, 2009

LILLIAN SOFIEN, PLAINTIFF, AND JUDITH DIANE NOEL, PLAINTIFF-APPELLANT,
v.
CHARLES PHILIP NOEL, DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered January 25, 2008. The order denied the request of plaintiff Judith Diane Noel for maintenance.

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.

PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, CARNI, AND GREEN, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum

Contrary to the contention of Judith Diane Noel (plaintiff), Supreme Court did not abuse its discretion in adopting the report and decision of the Matrimonial Referee declining to award her maintenance (see generally Holmes v Holmes, 25 AD3d 931, 932). The Matrimonial Referee properly determined, after considering the pre-divorce standard of living as well as the other factors set forth in Domestic Relations Law § 236 (B) (6) (a), that an award of maintenance to plaintiff was not warranted (see Boardman v Boardman, 300 AD2d 1110).

20090320

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