Antis v. Antis

• Decision Date: 25 February 1985
• Citation: Antis v. Antis, 108 A.D.2d 889, 485 N.Y.S.2d 770 (N.Y. App. Div. 1985)
• Parties: David ANTIS, Respondent, v. Beverly ANTIS, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 770

485 N.Y.S.2d 770

108 A.D.2d 889

David ANTIS, Respondent, v. Beverly ANTIS, Appellant.

Supreme Court, Appellate Division Second Department.

Feb. 25, 1985.

Katherine Levitan, Mineola (Glenna B. Rubin, Roslyn, of counsel), for appellant.

Hollenberg, Levin, Goodman, Solomon & Bodner, Mineola (Jack E. Hollenberg and Lenard Marlow, Mineola, of counsel), for respondent.

Before MANGANO, J.P., and GIBBONS, O'CONNOR and BROWN, JJ.

MEMORANDUM BY THE COURT.

In a matrimonial action, the defendant wife appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Nassau County, entered September 21, 1983, as (1) dissolved the marriage; (2) awarded maintenance and child support; (3) ordered the sale of the marital home no later than 18 months after entry of the judgment; (4) failed to distribute the plaintiff husband's retirement fund; (5) failed to order plaintiff to pay the cost of his son's college education; and (6) denied her counsel fees.

Judgment modified, on the law and the facts, (1) by amending the second decretal paragraph to increase the award of weekly maintenance presently payable to defendant from $100 to $200 and by deleting the provision which reduces that award following the sale of the marital residence; (2) by adding a provision directing that plaintiff pay college tuition at the State University of New York at Stony Brook for the parties' unemancipated son, Kevin, and, in the event that the son resides on campus, his room and board expenses; and (3) by adding a provision directing that plaintiff's retirement trust benefits be distributed equally between the parties, with defendant's share to be paid to her out of plaintiff's share of the proceeds from the sale of her marital residence. As so modified, judgment affirmed insofar as appealed from, with costs to defendant.

The trial court awarded maintenance to the defendant wife in two phases. It required the plaintiff husband to pay the wife $100 per week until the sale of the marital premises. Upon the sale, maintenance was to be reduced to $50 per week. An upward modification of these awards is necessary in view of the fact that the defendant's prospects for any type of future employment are very dim. She is mentally ill, and severely disfigured due to burns. She is not college educated and has worked outside the home only sporadically since her marriage 28 years ago. Thus, in view of the relative assets of the parties, and in view of the fact that plainti...