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MICHAEL BARR, Appellant-Respondent, v. ELLEN BARR, Respondent-Appellant.

Ordered that the cross appeal is dismissed, for failure to perfect the same in accordance with the rules of this Court (see, 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the judgment is affirmed insofar as reviewed; and it is further,

Ordered that the wife is awarded one bill of costs.

Contrary to the husband's contention, the court's maintenance award was proper in view of the statutory factors to be considered in awarding maintenance (see, Domestic Relations Law § 236 [B] [6]; Sperling v Sperling, 165 A.D.2d 338).

Also, the court properly determined that, as part of the equitable distribution of the parties' marital property, upon the sale of the marital premises, the wife will be entitled to a credit of 1/2 of any mortgage and tax payments she makes with respect to the premises (see, Domestic Relations Law § 236 [B] [5]; see, e.g., Phelan v Phelan, 148 A.D.2d 433; Friedenberg v Friedenberg, 136 A.D.2d 593; cf., Berg v Berg, 186 A.D.2d 236; Ryan v Ryan, 186 A.D.2d 245; Krantz v Krantz, 175 A.D.2d 863).

We have examined the husband's remaining contention and find it to be without merit. Rosenblatt, J.P., Lawrence, Joy and Krausman, JJ., concur.

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BARR v. BARR
(Dec 5, 1994)