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McCARTHY v. McCARTHY

57 A.D.3d 1481 (2008)

870 N.Y.S.2d 669

DELLA M. McCARTHY, Respondent, v. STEPHEN D. MCCARTHY, Appellant.

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

December 31, 2008.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Defendant appeals from a judgment of divorce that, inter alia, awarded plaintiff durational maintenance and a share of defendant's 401(k) retirement account pursuant to Majauskas v Majauskas (61 N.Y.2d 481 [1984]). "As a general rule, the amount and duration of maintenance are matters committed to the sound discretion...

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