considers the statutory factors (New York) · Go Syfert
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considers the statutory factors in New York

11 New York opinions name it 1 courts 2005–2013 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (16)

CaseFollowedCited
Carman v. Carmangreen
nyappdiv · 2005 · cited in 5 New York opinions naming this issue, 2007–2010
2 sentences

2010As noted in one of the cases cited by defendant, “The amount and duration of maintenance are left mainly to the trial court’s discretion, as long as the court considers the statutory factors and sets forth bases for its conclusions” (Carman v Carman, 22 AD3d 1004, 1008 [2005]).

2008The amount and duration of maintenance are generally left to the trial court’s discretion as long as the court considers the statutory factors and provides a basis for its conclusion (see Domestic Relations Law § 236 [B] [6] [a], [b]; Fosdick v Fosdick, 46 AD3d 1138, 1140 [2007]; Carman v Carman, 22 AD3d 1004, 1008 [2005]).

55
Blay v. Blaygreen
nyappdiv · 2008 · cited in 3 New York opinions naming this issue, 2011–2012
2 sentences

2012While our authority is as broad as Supreme Court’s regarding maintenance (see Redgrave v Redgrave, 13 AD3d 1015, 1019 [2004]), we nonetheless generally accord deference to Supreme Court’s determination regarding the amount and duration of maintenance “ ‘as long as the court considers the statutory factors and provides a basis for its conclusion’ ” (Keil v Keil, 85 AD3d 1233, 1238 [2011], quoting Blay v Blay, 51 AD3d 1189, 1191-1192 [2008]).

2012“The amount and duration of maintenance are generally left to the trial court’s discretion as long as the court considers the statutory factors and provides a basis for its conclusion” (Blay v Blay, 51 AD3d 1189, 1191-1192 [2008] [citation omitted]; see Fosdick v Fosdick, 46 AD3d 1138, 1140 [2007]).

33
Murray v. Murraygreen
nyappdiv · 2012 · cited in 2 New York opinions naming this issue, 2013–2013
2 sentences

2013As for the husband’s contention that the maintenance award is excessive in duration and amount, it is well settled that these determinations are within the sound discretion of Supreme Court so long as the court considers the statutory factors and the parties’ predivorce standard of living (see Cornish v Eraca-Cornish, 107 AD3d 1322, 1324 [2013]; Murray v Murray, 101 AD3d at 1322; Schwalb v Schwalb, 50 AD3d 1206, 1210 [2008]).

2013As for the husband’s contention that the maintenance award is excessive in duration and amount, it is well settled that these determinations are within the sound discretion of Supreme Court so long as the court considers the statutory factors and the parties’ predivorce standard of living (see Cornish v Eraca-Cornish, 107 AD3d 1322, 1324 [2013]; Murray v Murray, 101 AD3d at 1322; Schwalb v Schwalb, 50 AD3d 1206, 1210 [2008]).

22
Cornish v. Eraca-Cornishgreen
nyappdiv · 2013 · cited in 2 New York opinions naming this issue, 2013–2013
2 sentences

2013As for the husband’s contention that the maintenance award is excessive in duration and amount, it is well settled that these determinations are within the sound discretion of Supreme Court so long as the court considers the statutory factors and the parties’ predivorce standard of living (see Cornish v Eraca-Cornish, 107 AD3d 1322, 1324 [2013]; Murray v Murray, 101 AD3d at 1322; Schwalb v Schwalb, 50 AD3d 1206, 1210 [2008]).

2013As for the husband’s contention that the maintenance award is excessive in duration and amount, it is well settled that these determinations are within the sound discretion of Supreme Court so long as the court considers the statutory factors and the parties’ predivorce standard of living (see Cornish v Eraca-Cornish, 107 AD3d 1322, 1324 [2013]; Murray v Murray, 101 AD3d at 1322; Schwalb v Schwalb, 50 AD3d 1206, 1210 [2008]).

22
Schwalb v. Schwalbgreen
nyappdiv · 2008 · cited in 2 New York opinions naming this issue, 2013–2013
2 sentences

2013As for the husband’s contention that the maintenance award is excessive in duration and amount, it is well settled that these determinations are within the sound discretion of Supreme Court so long as the court considers the statutory factors and the parties’ predivorce standard of living (see Cornish v Eraca-Cornish, 107 AD3d 1322, 1324 [2013]; Murray v Murray, 101 AD3d at 1322; Schwalb v Schwalb, 50 AD3d 1206, 1210 [2008]).

2013As for the husband’s contention that the maintenance award is excessive in duration and amount, it is well settled that these determinations are within the sound discretion of Supreme Court so long as the court considers the statutory factors and the parties’ predivorce standard of living (see Cornish v Eraca-Cornish, 107 AD3d 1322, 1324 [2013]; Murray v Murray, 101 AD3d at 1322; Schwalb v Schwalb, 50 AD3d 1206, 1210 [2008]).

22
Fosdick v. Fosdickgreen
nyappdiv · 2007 · cited in 2 New York opinions naming this issue, 2008–2012
2 sentences

2012“The amount and duration of maintenance are generally left to the trial court’s discretion as long as the court considers the statutory factors and provides a basis for its conclusion” (Blay v Blay, 51 AD3d 1189, 1191-1192 [2008] [citation omitted]; see Fosdick v Fosdick, 46 AD3d 1138, 1140 [2007]).

2008The amount and duration of maintenance are generally left to the trial court’s discretion as long as the court considers the statutory factors and provides a basis for its conclusion (see Domestic Relations Law § 236 [B] [6] [a], [b]; Fosdick v Fosdick, 46 AD3d 1138, 1140 [2007]; Carman v Carman, 22 AD3d 1004, 1008 [2005]).

22
Moschetti v. Moschettigreen
nyappdiv · 2000 · cited in 2 New York opinions naming this issue, 2005–2007
2 sentences

2007If the court does not specifically identify the factors relied upon, this Court can review the record to verify that the facts support the court’s findings (see Moschetti v Moschetti, 277 AD2d 838, 838-839 [2000]).

2005The amount and duration of maintenance are left mainly to the trial court’s discretion, as long as the court considers the statutory factors and sets forth bases for its conclusions (see Majekodunmi v Majekodunmi, 309 AD2d 1024, 1025 [2003]; Moschetti v Moschetti, 277 AD2d 838, 838 [2000]; Domestic Relations Law § 236 [B] [6] [a], [b]).

22
Keil v. Keilgreen
nyappdiv · 2011 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012While our authority is as broad as Supreme Court’s regarding maintenance (see Redgrave v Redgrave, 13 AD3d 1015, 1019 [2004]), we nonetheless generally accord deference to Supreme Court’s determination regarding the amount and duration of maintenance “ ‘as long as the court considers the statutory factors and provides a basis for its conclusion’ ” (Keil v Keil, 85 AD3d 1233, 1238 [2011], quoting Blay v Blay, 51 AD3d 1189, 1191-1192 [2008]).

11
People ex rel. Sacco v. Greenegreen
nyappdiv · 2004 · cited in 1 New York opinions naming this issue, 2012–2012
1 sentence

2012While our authority is as broad as Supreme Court’s regarding maintenance (see Redgrave v Redgrave, 13 AD3d 1015, 1019 [2004]), we nonetheless generally accord deference to Supreme Court’s determination regarding the amount and duration of maintenance “ ‘as long as the court considers the statutory factors and provides a basis for its conclusion’ ” (Keil v Keil, 85 AD3d 1233, 1238 [2011], quoting Blay v Blay, 51 AD3d 1189, 1191-1192 [2008]).

11
Armstrong v. Armstronggreen
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2011–2011
1 sentence

2011“The amount and duration of maintenance are generally left to the trial court’s discretion as long as the court considers the statutory factors and provides a basis for its conclusion” (Blay v Blay, 51 AD3d 1189, 1191-1192 [2008] [citations omitted]; see Domestic Relations Law § 236 [B] [6] [a]; Armstrong v Armstrong, 72 AD3d 1409, 1415 [2010], supra; Burtchaell v Burtchaell, 42 AD3d 783, 784-785 [2007]), and Supreme Court’s judgment will not be disturbed on appeal absent an abuse of discretion (see Blay v Blay, 51 AD3d at 1191-1192).

11
Burtchaell v. Burtchaellgreen
nyappdiv · 2007 · cited in 1 New York opinions naming this issue, 2011–2011
1 sentence

2011“The amount and duration of maintenance are generally left to the trial court’s discretion as long as the court considers the statutory factors and provides a basis for its conclusion” (Blay v Blay, 51 AD3d 1189, 1191-1192 [2008] [citations omitted]; see Domestic Relations Law § 236 [B] [6] [a]; Armstrong v Armstrong, 72 AD3d 1409, 1415 [2010], supra; Burtchaell v Burtchaell, 42 AD3d 783, 784-785 [2007]), and Supreme Court’s judgment will not be disturbed on appeal absent an abuse of discretion (see Blay v Blay, 51 AD3d at 1191-1192).

11
Gubiotti v. Gubiottigreen
nyappdiv · 2005 · cited in 1 New York opinions naming this issue, 2007–2007
1 sentence

2007“The amount and duration of maintenance are left mainly to the trial court’s discretion, as long as the court considers the statutory factors and sets forth bases for its conclusions” (Carman v Carman, 22 AD3d 1004, 1008 [2005] [citations omitted]; see Gubiotti v Gubiotti, 19 AD3d 893, 894 [2005]).

11
Hartog v. Hartoggreen
ny · 1995 · cited in 1 New York opinions naming this issue, 2005–2005
1 sentence

2005The predivorce standard of living is a mandatory component (see Hartog v Hartog, supra at 50-51). “[M]aintenance should be designed to provide temporary support while the recipient develops the skills or experience necessary to become self-sufficient” (Semans v Semans, 199 AD2d 790, 791 [1993], lv denied 83 NY2d 758 [1994]; see Domestic Relations Law § 236 [B] [6] [a] [4]; Van Dyke v Van Dyke, 273 AD2d 589, 594 [2000]).

11
Semans v. Semansgreen
nyappdiv · 1993 · cited in 1 New York opinions naming this issue, 2005–2005
1 sentence

2005The predivorce standard of living is a mandatory component (see Hartog v Hartog, supra at 50-51). “[M]aintenance should be designed to provide temporary support while the recipient develops the skills or experience necessary to become self-sufficient” (Semans v Semans, 199 AD2d 790, 791 [1993], lv denied 83 NY2d 758 [1994]; see Domestic Relations Law § 236 [B] [6] [a] [4]; Van Dyke v Van Dyke, 273 AD2d 589, 594 [2000]).

11
Dyke v. Dykegreen
nyappdiv · 2000 · cited in 1 New York opinions naming this issue, 2005–2005
1 sentence

2005The predivorce standard of living is a mandatory component (see Hartog v Hartog, supra at 50-51). “[M]aintenance should be designed to provide temporary support while the recipient develops the skills or experience necessary to become self-sufficient” (Semans v Semans, 199 AD2d 790, 791 [1993], lv denied 83 NY2d 758 [1994]; see Domestic Relations Law § 236 [B] [6] [a] [4]; Van Dyke v Van Dyke, 273 AD2d 589, 594 [2000]).

11
Majekodunmi v. Majekodunmigreen
nyappdiv · 2003 · cited in 1 New York opinions naming this issue, 2005–2005
1 sentence

2005The amount and duration of maintenance are left mainly to the trial court’s discretion, as long as the court considers the statutory factors and sets forth bases for its conclusions (see Majekodunmi v Majekodunmi, 309 AD2d 1024, 1025 [2003]; Moschetti v Moschetti, 277 AD2d 838, 838 [2000]; Domestic Relations Law § 236 [B] [6] [a], [b]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Statutes the citing opinions construe

NY § N.Y. Domestic Relations Law § 236 (5) NY § N.Y. Domestic Relations Law § 240 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 11 (2005–2013) VT 2 (1998–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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