AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

PERCIVAL A. CLARKE, appellant, v. YVONNE CLARKE, respondent.

DECISION ORDER

ORDERED that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see,Schicchi v. Green Constr. Corp., 100 A.D.2d 509 ); and it is further,

ORDERED that the judgment is modified, on the law, by deleting the provision thereof which awarded the defendant maintenance for a period of five years and substituting therefor a provision awarding her maintenance for a period of two years; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court improvidently exercised its discretion in awarding the defendant maintenance for a period of five years. In this relatively short marriage, where the defendant was only 37 years old at the time the divorce action was commenced, has since obtained her college degree, and was employed during the marriage, a durational limitation of two years is adequate to give her a reasonable period of time as well as an incentive to become self-supporting (see, Love v. Love, 250 A.D.2d 739 ; Iaquinto v. Iaquinto, 248 A.D.2d 676 ).

The plaintiff's remaining contentions are without merit.

Use AI to get other relevant cases.

Comments

CLARKE v. CLARKE
(Feb 24, 2000)