Opinion
328 CA 16-01543.
03-24-2017
Jan C. SHINE, Plaintiff–Respondent–Appellant, v. Paul R. SHINE, Defendant–Appellant–Respondent.
James P. Renda, Buffalo, for Defendant–Appellant–Respondent. Shaw & Shaw, P.C., Hamburg (James M. Shaw of Counsel), for Plaintiff–Respondent–Appellant.
James P. Renda, Buffalo, for Defendant–Appellant–Respondent.
Shaw & Shaw, P.C., Hamburg (James M. Shaw of Counsel), for Plaintiff–Respondent–Appellant.
PRESENT: CARNI, J.P., LINDLEY, DeJOSEPH, TROUTMAN, AND SCUDDER, JJ.
MEMORANDUM:
Defendant appeals and plaintiff cross-appeals from a judgment of divorce that, inter alia, directed defendant to pay maintenance and denied plaintiff's application for attorneys' fees and experts' fees. Contrary to the parties' contentions, the maintenance award is appropriate in its amount and duration. "Although the authority of this Court in determining issues of maintenance is as broad as that of the trial court" (D'Amato v. D'Amato, 132 A.D.3d 1424, 1425, 18 N.Y.S.3d 801 ), "[a]s a general rule, the amount and duration of maintenance are matters committed to the sound discretion of the trial court" (Gately v. Gately, 113 A.D.3d 1093, 1093, 978 N.Y.S.2d 550, lv. dismissed 23 N.Y.3d 1048, 992 N.Y.S.2d 782, 16 N.E.3d 1262 [internal quotation marks omitted] ). We perceive no abuse of discretion here (see id. ). Supreme Court "properly considered plaintiff's ‘reasonable needs and predivorce standard of living in the context of the other enumerated statutory factors' set forth in the statute" (Wilkins v. Wilkins, 129 A.D.3d 1617, 1618, 12 N.Y.S.3d 451, quoting Hartog v. Hartog, 85 N.Y.2d 36, 52, 623 N.Y.S.2d 537, 647 N.E.2d 749 ; see Lazar v. Lazar, 124 A.D.3d 1242, 1243, 999 N.Y.S.2d 626 ), and we decline to substitute our discretion for that of the court.
Contrary to plaintiff's further contention, the court did not abuse its discretion in denying her application for attorneys' fees and experts' fees. "Given plaintiff's substantial assets[,] the significant award of maintenance," and the significant amounts of money previously paid by defendant for plaintiff's attorneys and experts, we conclude that the court properly ordered plaintiff to pay her own costs and fees (Atwal v. Atwal [Appeal No. 2], 270 A.D.2d 799, 799, 704 N.Y.S.2d 765, lv. denied 95 N.Y.2d 761, 714 N.Y.S.2d 711, 737 N.E.2d 953 ; see Gifford v. Gifford, 132 A.D.3d 1123, 1126, 19 N.Y.S.3d 102 ; Heymann v. Heymann, 102 A.D.3d 832, 835, 958 N.Y.S.2d 448 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.