ORDERED that the appeal from the findings of fact and conclusions of law is dismissed, as findings of fact and conclusions of law are not separately appealable (see, Matter of County of Westchester v. O'Neill, 191 A.D.2d 556; Benedetto v. O'Grady, 10 A.D.2d 628); and it is further,
ORDERED that the appeal from the income deduction order is dismissed, as the order is not appealable as of right because it did not decide a motion made on notice, and leave to appeal has not been granted (see, CPLR 5701[a][2]); and it is further,
ORDERED that the judgment is affirmed insofar as appealed from; and it is further,
ORDERED that the respondent is awarded one bill of costs.
Contrary to the defendant's contention, the plaintiff demonstrated through her own testimony and that of her therapists that the defendant's behavior so adversely affected her mental well-being that it became improper for her to cohabit with him (see, Fuegel v. Fuegel, 271 A.D.2d 404; French v. French, 262 A.D.2d 280; Meltzer v. Meltzer, 255 A.D.2d 497).
Moreover, an award to the defendant of less than 50% of the marital assets was proper given his economic misconduct (see, Guneratne v. Guneratne, 214 A.D.2d 871, 873; Conceicao v. Conceicao, 203 A.D.2d 877, 879; Mattwell v. Mattwell, 194 A.D.2d 715, 718).
The defendant's remaining contentions are without merit.
SANTUCCI, J.P., GOLDSTEIN, FEUERSTEIN and CRANE, JJ., concur.