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Lynn M. Delbello, Plaintiff-Respondent v. Thomas M. Delbello

November 9, 2012

LYNN M. DELBELLO, PLAINTIFF-RESPONDENT,
v.
THOMAS M. DELBELLO, DEFENDANT-APPELLANT.



Appeal from a judgment of the Supreme Court, Erie County (John F. O'Donnell, J.), entered December 2, 2010 in a divorce action.

DelBello v DelBello

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.

Released on November 9, 2012

PRESENT: SCUDDER, P.J., SMITH, FAHEY, CARNI, AND VALENTINO, JJ.

(APPEAL NO. 2.)

The judgment, inter alia, directed defendant to pay maintenance to plaintiff in the amount of $200 per week.

It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by vacating the amount of maintenance awarded and as modified the judgment is affirmed without costs and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the same Memorandum as in Delbello v Delbello ([appeal No. 1] ___ AD3d ___ [Nov. 9, 2012]).

Entered: November 9, 2012

Frances E. Cafarell Clerk of the Court

20121109

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