STATE OF NEW YORK

SUPREME COURT : COUNTY OF CHAUTAUQUA

 

RUTH H. MACRI,


Plaintiff,


-vs- Index #H-7187


FRANCIS M. MACRI,


Defendant.

 



BRANDT, LAUGHLIN, WHIPPLE,

SCHAACK & CLARK, P.C.

(Richard F. Whipple, Jr.,

Esq. of Counsel) for Plaintiff


DANIEL R. POLOWY, ESQ.

for Defendant



DECISION AND ORDER



GERACE, J.


Plaintiff, age 71, obtained a divorce by default against defendant, age 81. He sought to reopen the default. Recognizing that on the facts presented he would be entitled to reopen the default, the parties stipulated to vacate portions of the judgment relating to the economic issues and to restore the case to the calendar for determination by the Court.


The parties, through counsel, have stipulated that the Court should resolve the economic issues upon all the papers filed in this case.


Defendant, a very emotional 81 year old, receives approximately $712.00 per month from Social Security and a pension. His expenses of $635.54 include $139.04 for automobile maintenance over the last 3 months. Apparently the automobile he purchased recently required substantial repairs.


It would appear that defendant would have $200.00 left after basic expenses excluding automobile operation. Considering his need for gas money, repairs, etc., the Court considers that $100.00 toward maintenance per month, until further order of this or Family Court, is as much as this man can afford.


The defendant transferred his 1988 Plymouth automobile to his wife after a stipulation by the parties. He has asked for the return of that automobile and transfer to her of a 1985 Ford.


At the time of the divorce, the plaintiff had $8,000 in the bank, and a home she transferred to her daughter. He has few assets.



After a separate conference with each party in Chambers, the Court awards $75.00 per month maintenance to plaintiff, retroactive to the institution of the action, the arrears to be paid at $25.00 per month, payments to begin within 10 days after she transfers the 1988 Plymouth automobile back to defendant. Simultaneously upon plaintiff tendering the transfer, defendant must transfer the 1985 Ford in good running condition sufficient to pass inspection, to plaintiff, plus $200.00 for the difference in value.


There is not sufficient money for either party. However, plaintiff seems to have greater family support and resources than defendant.


Any further disputes regarding maintenance are referred to Family Court.


This is the Decision and Order of this Court. No further order is necessary.


Dated: March 28, 1995

Mayville, New York


 

JOSEPH GERACE

Justice of Supreme Court