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Atwell v. Atwell

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 2002
292 A.D.2d 479 (N.Y. App. Div. 2002)

Opinion

2000-11576

Argued February 19, 2002.

March 18, 2002.

In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief, from stated portions of a judgment of the Supreme Court, Queens County (Gartenstein, J.H.O.), entered November 8, 2000, which, after a nonjury trial, inter alia, equitably distributed the parties' marital property, and awarded the plaintiff maintenance in the sum of $4,000 per month for six years and an attorney's fee in the sum of $25,500.

Murray J. Richmond, New York, N.Y., for appellant.

Allan S. Botter, Lake Success, N.Y. (Paula Schwartz Frome of counsel), for respondent.

Before: DAVID S. RITTER, J.P., CORNELIUS J. O'BRIEN, STEPHEN G. CRANE, BARRY A. COZIER, JJ.


ORDERED that the judgment is affirmed insofar as appealed from, with costs.

The defendant's contention that the trial court failed to set forth the factors it considered in its determination as to the equitable distribution of the parties' marital property (see, Domestic Relations Law § 236[B][6][b]) is without merit. "There is no rigid catechism which requires that a trial court parrot the words of the statute verbatim. It is sufficient when, as here, the court sets forth the factors which it did consider and states the reasons for its decision" (Monette v. Monette, 177 A.D.2d 802, 803; see, O'Brien v. O'Brien, 66 N.Y.2d 576). The trial court's determination was sufficient in this regard (see, Monette v. Monette, supra; cf., Fanelli v. Fanelli, 215 A.D.2d 718, 720). Moreover, the distributive award was a provident exercise of its discretion (see, Granade-Bastuck v. Bastuck, 249 A.D.2d 444, 445; Finkelson v. Finkelson, 239 A.D.2d 174).

Likewise, under the circumstances of this case, the trial court providently exercised its discretion in awarding the plaintiff maintenance in the sum of $4,000 per month for six years (see, Golub v. Golub, 282 A.D.2d 431; Felicello v. Felicello, 240 A.D.2d 624; Costantino v. Costantino, 225 A.D.2d 651; Levy v. Levy, 260 A.D.2d 324; Gulotta v. Gulotta, 215 A.D.2d 724, 725). Furthermore, there is no basis to disturb the award to the plaintiff of an attorney's fee in the sum of $25,500 (see, Domestic Relations Law § 237[a]; DeCabrera v. DeCabrera-Rosete, 70 N.Y.2d 879; Madori v. Madori, 201 A.D.2d 859, 860).

The defendant's remaining contentions are without merit.

RITTER, J.P., O'BRIEN, CRANE and COZIER, JJ., concur.


Summaries of

Atwell v. Atwell

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 2002
292 A.D.2d 479 (N.Y. App. Div. 2002)
Case details for

Atwell v. Atwell

Case Details

Full title:MARIE ATWELL, respondent, v. RONALD ATWELL, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 18, 2002

Citations

292 A.D.2d 479 (N.Y. App. Div. 2002)
739 N.Y.S.2d 284

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