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John DeRaffele, Appellant, v. Katherine DeRaffele, Respondent

New York Supreme Court, Appellate Division1996-12-23
234 A.D.2d 500651 N.Y.S.2d 912

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Opinion

majority opinion

—In an action for a divorce and ancillary relief, the plaintiff husband (1) appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Westchester County (Rosato, J.), dated September 26, 1995, as, after a nonjury trial, (a) awarded child support to the defendant wife in the amount of $196 per week, and (b) awarded maintenance to the defendant wife in the amount of $200 per week for a period of two years; and (2) purportedly appeals from so much of an order of the same court, entered January 9, 1996, as denied that branch of his motion which was to vacate a stipulation of settlement concerning equitable distribution. Justice Rosenblatt has been substituted for the late Justice Hart {see, 22 NYCRR 670.1 [c]).

Ordered that the purported appeal from the order is dismissed, without costs or disbursements, for failure to file a notice of appeal (see, CPLR 5515); and it is further,

Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

The trial court’s award to the wife of child support of $196 per week and maintenance of $200 per week for a period of two years is supported by the record. Bracken, J. P., Rosenblatt, Copertino and Altman, JJ., concur.