BUCHSBAUM v. BUCHSBAUM

ORDERED that the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The amount and duration of maintenance to be awarded is a matter committed to the sound discretion of the trial court (see Murray v. Murray, 269 A.D.2d 433; O'Sullivan v. O'Sullivan, 247 A.D.2d 597; Matter of Kornfeld v. Kornfeld, 224 A.D.2d 620). Here, the Supreme Court properly concluded that the plaintiff could easily meet her claimed living expenses and would no longer need maintenance from the defendant after she attained the age of 70 1/2 years, when she would be required to begin withdrawing an estimated $67,800 per year from her retirement funds.

Domestic Relations Law § 236(B)(5)(d)(12) provides that in determining the equitable distribution of marital property, the court may consider "any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration." Contrary to the defendant's contention, the evidence supports the Supreme Court's conclusion that his familial gifts and charitable transfers before the commencement of this action were made in contemplation of the matrimonial action (see Ferrarro v. Ferraro, 257 A.D.2d 596).

The plaintiff's remaining contentions are without merit.

PRUDENTI, P.J., FEUERSTEIN, LUCIANO and SCHMIDT, JJ., concur.