Opinion
March 25, 1985
Appeal from the Supreme Court, Queens County (La Fauci, J.).
Judgment affirmed, insofar as appealed from, with costs.
Special Term's determination that defendant constructively abandoned plaintiff rather than that plaintiff constructively abandoned defendant hinged on the credibility of the parties. The findings of the Trial Judge, who heard all of the testimony, are entitled to great weight ( see, Eschbach v. Eschbach, 56 N.Y.2d 167, 173; Matter of Thorne, 108 A.D.2d 865; Matter of Anonymous, 81 A.D.2d 865, 866). We find no reason to disturb this finding.
This action was commenced prior to the enactment of the Equitable Distribution Law (Domestic Relations Law § 236 [B]). In such a case, the fixing of alimony and counsel fees is discretionary with the trial court upon its balancing of the various aspects of the marital relationship, viz., the financial status of the parties, their health and age, and the duration of the marriage ( see, Hessen v. Hessen, 33 N.Y.2d 406; Schwartz v Schwartz, 52 A.D.2d 874; Von Schondorf v. Von Schondorf, 51 A.D.2d 1029). Using this framework, we do not find that the amounts of the awards of permanent alimony and counsel fees in this case constituted an abuse of discretion.
We have considered defendant's other contentions and find them to be without merit. Mangano, J.P., Brown, Rubin and Lawrence, JJ., concur.