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Geller v. Geller

Appellate Division of the Supreme Court of New York, Second Department
Jan 5, 2010
69 A.D.3d 563 (N.Y. App. Div. 2010)

Opinion

No. 2008-08905.

January 5, 2010.

In an action for a divorce and ancillary relief, the plaintiff appeals, as limited by her brief, from stated portions of a judgment of the Supreme Court, Kings County (Sunshine, J.), dated July 1, 2008, which, upon a decision after trial of the same court dated March 3, 2008, made after a nonjury trial, inter alia, awarded her maintenance for a period of only nine years and failed to direct the defendant to obtain and maintain a life insurance policy to secure his child support obligation.

Rachel Geller, Brooklyn, N.Y., appellant pro se.

Before: Covello, J.P., Angiolillo, Lott and Roman, JJ., concur.


Ordered that the judgment is modified, on the law, on the facts, and in the exercise of discretion, (1) by deleting the provision thereof awarding the plaintiff maintenance for a period of nine years and substituting therefor a provision awarding the plaintiff maintenance for a period of 12 years, and (2) by adding thereto a provision directing the defendant to maintain a life insurance policy in the fixed amount of $200,000 with the subject child named as beneficiary until the child reaches the age of 21 and the plaintiff as trustee until the child reaches the age of 21; as so modified, the judgment is affirmed insofar as appealed from, with costs to the plaintiff.

Taking into account the plaintiffs age, the duration of the marriage, the plaintiffs limited education, the marital standard of living, and the plaintiffs health, an award of maintenance for a period of 12 years is appropriate ( see Wasserman v Wasserman, 66 AD3d 880; Brooks v Brooks, 55 AD3d 520; Borra v Borra, 218 AD2d 780).

The plaintiff correctly contends that the Supreme Court erred in failing to direct the defendant to obtain and maintain a life insurance policy to secure his child support obligation. A life insurance policy in the fixed amount of $200,000 with the subject child as beneficiary and the plaintiff as trustee until the child reaches the age of 21 will be sufficient ( see Corless v Corless, 18 AD3d 493).

The plaintiffs remaining contention is without merit.


Summaries of

Geller v. Geller

Appellate Division of the Supreme Court of New York, Second Department
Jan 5, 2010
69 A.D.3d 563 (N.Y. App. Div. 2010)
Case details for

Geller v. Geller

Case Details

Full title:RACHEL GELLER, Appellant, v. MARTIN GELLER, Also Known as DAVID BLASS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 5, 2010

Citations

69 A.D.3d 563 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 98
892 N.Y.S.2d 196

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