MATTER OF MIRCEA v. MIRCEA


224 A.D.2d 697 (1996)

638 N.Y.S.2d 744

In the Matter of Elena Mircea, Respondent, v. Valer Mircea, Appellant

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

February 26, 1996


Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the husband's objection to the order entered February 22, 1994, is sustained.

Pursuant to Domestic Relations Law § 236 (B) (6) (a) (1), the income and property of the respective parties is to be considered when determining the amount and duration of maintenance. The Family Court, therefore, erred by failing to consider the $40,000 that the wife admitted...

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