WOOD v. WOOD

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Supreme Court, Appellate Division, Fourth Department, New York.

Cynthia M. WOOD, Respondent-Appellant, v. Kenneth E. WOOD, Appellant-Respondent.

Decided: December 31, 1998

Present:  GREEN, J.P., PINE, WISNER, CALLAHAN and BOEHM, JJ. Moriarty & Dee by robert Moriarty, Buffalo, for defendant-appellant-respondent Kenneth Wood. David M. Di Matteo, Warsaw, for plaintiff-respondent-appellant Cynthia Wood.

 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, 623 N.Y.S.2d 537, 647 N.E.2d 749), 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, 659 N.Y.S.2d 607).   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, 654 N.Y.S.2d 528).   We therefore modify the order by providing that maintenance is retroactive to that date (see, DiSanto v. DiSanto, 198 A.D.2d 838, 604 N.Y.S.2d 413).

Order unanimously modified on the law and as modified affirmed without costs.

MEMORANDUM: