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Kristin Rainey v. Jason Rainey

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


April 1, 2011

KRISTIN RAINEY,
PLAINTIFF-APPELLANT,
v.
JASON RAINEY,
DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered May 27, 2010 in a postjudgment divorce action. The order, among other things, denied the motion of plaintiff for the entry of a money judgment for maintenance arrears.

Rainey v Rainey

Decided on April 1, 2011

Appellate Division, Fourth Department 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: SMITH, J.P., FAHEY, PERADOTTO, LINDLEY, AND MARTOCHE, JJ.

(APPEAL NO. 2.)

It is hereby ORDERED that the order so appealed from is unanimously modified on the law and the facts by vacating the second through fifth ordering paragraphs, and awarding plaintiff the amount of $7,800 in maintenance arrears, together with a money judgment thereon, and as modified the order is affirmed without costs and the matter is remitted to Supreme Court, Niagara County, for further proceedings in accordance with the same Memorandum as in Rainey v Rainey ([appeal No. 1] ___ AD3d ___ [Apr. 1, 2011]).

Entered: April 1, 2011

Patricia L. Morgan Clerk of the Court

20110401

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