Opinion
December 31, 1998
Appeals from Order of Supreme Court, Wyoming County, Nenno, J. — Matrimonial.
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Upon consideration of plaintiff's "reasonable needs and predivorce standard of living in the context of the enumerated statutory factors * * * ( see, Domestic Relations Law § 236 [B] [6] [a] [1]-[11])" ( Hartog v. Hartog, 85 N.Y.2d 36, 52), we conclude that Supreme Court did not abuse its discretion in awarding plaintiff maintenance of $400 biweekly until defendant's retirement ( see, Boughton v. Boughton, 239 A.D.2d 935). The court, however, should have awarded maintenance retroactive to February 13, 1995, the date of the application therefor ( see, Domestic Relations Law § 236 [B] [6] [a]; Lester v. Lester, 237 A.D.2d 872, 873). We therefore modify the order by providing that maintenance is retroactive to that date ( see, DiSanto v. DiSanto, 198 A.D.2d 838).
Present — Green, J. P., Pine, Wisner, Callahan and Boehm, JJ.