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STUART v. STUART

140 Misc.2d 494 (1988)

Mary Stuart, Plaintiff, v. James E. Stuart, Defendant.

Supreme Court, Niagara County.

June 27, 1988

Attorney(s) appearing for the Case

Amelia Muscato Sommer for plaintiff. Scirto & Scirto (P. Andrew Vona of counsel), for defendant.

JOSEPH J. SEDITA, J.

A primary issue raised on this motion for temporary relief is whether or not this defendant's veterans' disability pension is subject to either distribution as marital property, or as income which may be considered in determining a maintenance award (temporary or permanent).

These parties have been married for over 47 years. They are both over 70 years old and are retired. Their marital assets

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