Appellate Division of the Supreme Court of New York, 1988

Nellenbach v. Nellenbach

Nellenbach v. Nellenbach
Appellate Division of the Supreme Court of New York · Decided November 15, 1988
144 A.D.2d 949; 535 N.Y.S.2d 568; 1988 N.Y. App. Div. LEXIS 14427
Nellenbach v. Nellenbach

Opinion of the Court

Order unanimously modified on the law to grant the petition in accordance with same memorandum as in Matter of Walsh v Walsh (144 AD2d 947 [decided herewith]) and as modified affirmed with costs to petitioner. Memorandum: We add only that the record is sufficient for us to determine petitioner’s needs without remitting the matter to Family Court for a hearing. Thus, we award petitioner support in the sum of $681 per month (Matter of Morrison v Morrison, 132 AD2d 985). (Appeal from order of Onondaga County Family Court, McLaughlin, J.— spousal support.) Present — Dillon, P. J., Denman, Green, Law-ton and Davis, JJ.

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