Levine v. Levine

• Decision Date: 19 November 1990
• Citation: 167 A.D.2d 449,562 N.Y.S.2d 132
• Parties: Karen LEVINE, Respondent-Appellant, v. Neil LEVINE, Appellant-Respondent.
• Court: New York Supreme Court — Appellate Division

Page 132

562 N.Y.S.2d 132

167 A.D.2d 449

Karen LEVINE, Respondent-Appellant, v. Neil LEVINE, Appellant-Respondent.

Supreme Court, Appellate Division Second Department.

Nov. 19, 1990.

Wolfson, Grossman & Austin (Leonard B. Austin, Mitchel Field, of counsel), for appellant-respondent.

Silberman & Silberman (Herbert C. Silberman, Lawrence, of counsel), for respondent-appellant.

Before KUNZEMAN, J.P., and EIBER, SULLIVAN and ROSENBLATT, JJ.

MEMORANDUM BY THE COURT.

In an action for a divorce and ancillary relief, the defendant husband appeals, as limited by his brief, from (1) stated portions of a judgment of the Supreme Court, Queens County (Zelman, J.), dated June 22, 1988, which, inter alia, awarded the plaintiff wife custody of the parties' two children, and directed him to pay maintenance to the wife in the sum of $75 per week, and child support in the sum of $100 per child per week, (2) stated portions of a resettled judgment of the same court, dated November 2, 1988, which, inter alia, directed him to pay certain of the wife's rent-related expenses and the cost of all medical, dental, hospitalization, and psychiatric expenses incurred by the parties' children which are not covered by his insurance, and (3) an order of the same court, dated November 23, 1988, which granted the wife's application for appellate counsel fees to the extent of awarding her $750. The plaintiff wife cross-appeals from so much of the judgment dated June 22, 1988, and the resettled judgment, dated November 2, 1988, as limited the awards of maintenance and child support, and denied her application for equitable distribution.

ORDERED that the appeal and the cross appeal from the judgment dated June 22, 1988, are dismissed, without costs or disbursements, as that judgment was superseded by the resettled judgment dated November 2, 1988; and it is further,

ORDERED that the resettled judgment dated November 2, 1988, is modified, on the law and as a matter of discretion, (1) by deleting the second, third, fourth, fifth and sixth decretal paragraphs thereof in their entirety, and (2) by deleting the following words from the seventh decretal paragraph thereof: "and said defendant is directed to pay the cost of all medical, dental, hospitalization, and psychiatric expenses for the minor children herein not covered by insurance and excluded as a deductible from said insurance"; as so modified, the resettled judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for further proceedings in accordance herewith; and it is further,

ORDERED that in the interim the second, third, fourth, fifth, and sixth decretal paragraphs of the judgment dated November 2, 1988, shall remain in full force and effect, with the exception of the provision in the sixth decretal paragraph directing the husband to pay "the cost of air conditioning and garage"; and it is further,

ORDERED that the order dated November 23, 1988, is affirmed, without costs or disbursements.

The...