Gainer v. Gainer
| Decision Date | 20 May 1985 |
| Parties | Juanita M. GAINER, Respondent, v. Henry L. GAINER, Appellant. |
| Court | New York Supreme Court — Appellate Division |
John R. McEntee, Flushing, for appellant.
Feinberg & Charles, New York City (Alfred W. Charles, of counsel), for respondent.
Before TITONE, J.P., and GIBBONS, THOMPSON and BRACKEN, JJ.
MEMORANDUM BY THE COURT.
In a matrimonial action, defendant husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Queens County (Posner, J.), dated February 25, 1983, as, after a nonjury trial, (1) directed him to pay plaintiff wife $50 per week for her maintenance for a period of five years; (2) directed him to pay $100 per week in support of his two minor children until they both reach the age of 21 years or become emancipated, whichever occurs first; (3) ordered equitable distribution of certain marital property, with 25% of the value thereof awarded to plaintiff and 75% to defendant, and, applying these proportions to the aforementioned marital property, directed defendant to pay plaintiff a distributive award of $15,717 and awarded plaintiff $21,491 as her equitable share of defendant's pension; and (4) awarded plaintiff $5,000 in counsel fees. By order of this court, dated March 12, 1984, this matter was remitted to the Supreme Court, Queens County, for compliance with the provisions of Domestic Relations Law § 236(B)(5)(g); (6)(b); (7)(b), and this appeal was held in abeyance in the interim (Gainer v. Gainer, 100 A.D.2d 533, 473 N.Y.S.2d 223). Special Term has filed its findings with this court.
Judgment modified, on the law and the facts, by (1) striking subdivision of the sixth decretal paragraph thereof, and (2) striking from the third decretal paragraph thereof which provides for child support the words "until both of said children have reached the age of 21 years or both have been emancipated, whichever event first occurs" and substituting therefor the following: "until Darcel Gainer reaches the age of 21 years, at which time child support shall be reduced to $75 per week for the support of Henry M. Gainer payable until he reaches the age of 21 years or is sooner emancipated". As so modified, judgment affirmed insofar as appealed from, without costs or disbursements, and matter remitted to Special Term for further proceedings consistent herewith.
Special Term found that plaintiff's share of certain real properties located on Merrick Boulevard, of which defendant...
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