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CAPPELLO v. CAPPELLO

172 A.D.2d 479 (1991)

Joseph Cappello, Appellant, v. Rosarie Cappello, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 1, 1991

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

The court properly considered the issue of maintenance de novo since the prior judgment of separation between the parties was not conclusive with respect to fixation of maintenance in the divorce action (see, Kover v Kover, 29 N.Y.2d 408, 414). The award of maintenance in the divorce action was made...

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