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Sergent v. Sergent

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1994
207 A.D.2d 964 (N.Y. App. Div. 1994)

Opinion

September 30, 1994

Appeal from the Supreme Court, Ontario County, Harvey, J.

Present — Green, J.P., Pine, Fallon, Callahan and Davis, JJ.


Judgment unanimously affirmed with costs. Memorandum: Supreme Court properly concluded that plaintiff met her burden of proving that she is unemployable and that she is entitled to continued maintenance. Under the terms of the parties' stipulation, incorporated in the divorce decree, the court's inquiry was limited to whether plaintiff met that burden. Thus, we reject defendant's contention that the court was required to apply the factors set forth in Domestic Relations Law § 236 (B) (6) (see, Consorti v. Consorti, 175 A.D.2d 940). The court properly directed defendant to continue providing plaintiff with health insurance coverage (see, Domestic Relations Law § 236 [B] [8]) and to pay a portion of plaintiff's counsel and expert fees (see, McNenney v. McNenney, 159 A.D.2d 440; Scalchunes v. Scalchunes, 134 A.D.2d 337, lv denied 72 N.Y.2d 808).


Summaries of

Sergent v. Sergent

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1994
207 A.D.2d 964 (N.Y. App. Div. 1994)
Case details for

Sergent v. Sergent

Case Details

Full title:JUDY A. SERGENT, Respondent, v. WILLIAM A. SERGENT, Appellant

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

Date published: Sep 30, 1994

Citations

207 A.D.2d 964 (N.Y. App. Div. 1994)
617 N.Y.S.2d 670