—In an action for a divorce and ancillary relief,
Ordered that the appeal from the decision is dismissed as no appeal lies from a decision (see, Schiechi v Green Constr. Corp.,
Ordered that the purported appeal from the Qualified Domestic Relations Order is dismissed as no notice of appeal from that order was filed (see, CPLR 5515); and it is further,
Ordered that the judgment is modified, on the law and as a matter of discretion, by (1) deleting from the eighteenth decretal paragraph thereof the following language: (a) "in trust for the benefit of her nephew Andrew Hickey”, and (b) "the parties are directed to cooperate to immediately transfer said monies into an account titled 'Regina Nappi In Trust For Andrew Hickey’; said account shall be in accordance with the terms set forth in the decision of this court dated April 24, 1995”, (2) deleting the twenty-third decretal paragraph thereof which valued the wife’s master’s degree in social work at $139,923 and directed distribution of that asset, (3) deleting from the twenty-fourth decretal paragraph the sum of $8,343.31 and substituting therefor the sum of $14,159.28, (4) deleting the twenty-fifth decretal paragraph, and substituting therefor a decretal paragraph directing the husband to pay the wife the sum of $250 per week as maintenance as of May 12,1993, until either the wife reaches the age of 65 or collects her share of the husband’s pension, with all maintenance terminating in the event that either party dies or the wife remarries, and
The parties were married on October 24, 1959. At the time of the trial, the husband was 61 years old and the wife was 56 years old. The husband was employed full-time with the New York State Division of Parole and had a part-time position with the Suffolk County Department of Social Services. The husband’s salary from both positions was approximately $97,500. The wife, a licensed social worker, had not worked since February of 1992 and was under the care of a psychiatrist for a major depressive disorder since August of 1992. Considering the husband’s financial circumstances, the wife’s future earning capacity, the wife’s contribution to the marriage, and the parties preseparation standard of living (see, Feldman v Feldman,
The Supreme Court erred in charging the wife $5,815.97 for carrying charges on the marital residence. The pendente lite order directed the husband to pay the carrying charges. This order was effective as of the date of service of the application for pendente lite relief (see, Domestic Relations Law § 236 [B] [6] [a]; Ross v Ross,
The Supreme Court was without authority to direct that the wife place the money she inherited from her brother’s estate into an account in trust for her nephew.
The husband’s and wife’s master’s degrees must be valued in light of McSparron v McSparron (
The wife’s remaining contentions are either unpreserved for
