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MERKLE v. MERKLE

186 A.D.2d 67 (1992)

Silvia Merkle, Respondent, v. David Merkle, Appellant

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

September 22, 1992

We find no abuse of discretion in the court's ruling on defendant's motion for temporary maintenance (see, Chyrywaty v Chyrywaty, 102 A.D.2d 1009), there being ample support in the record for its finding that defendant is capable of earning $35,000 a year and is not in need of support beyond the payments plaintiff has been voluntarily making to maintain the marital residence (

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