Appeal from a judgment of the Supreme Court (Vogt, J.H.O.) ordering, inter alia, equitable distribution of the parties’ marital property, entered February 13, 1997 in Ulster County, upon a decision of the court.
The parties were married in November 1970. At the time plaintiff commenced this divorce action in October 1995, defendant had been employed full time by Central Hudson Gas & Electric Company for 11 years earning $48,474 and plaintiff had been employed part time for six years as a secretary earn
Notwithstanding its finding that plaintiff “is capable of generating considerably more income than that derived from her present position” and that she made no “concerted effort” to seek full-time employment, Supreme Court awarded plaintiff spousal maintenance in the amount of $250 per week for four years and $150 per week thereafter until defendant retires or loses his job. In response to defendant’s contention that Supreme Court erred in this regard, we note that this Court’s authority is as broad as Supreme Court’s in resolving questions of maintenance (see, e.g., Boughton v Boughton,
Indeed, with respect to plaintiffs future earning capacity and ability to become self-supporting, Supreme Court itself found, and the record amply supports, that plaintiff is employable and the primary impediment to obtaining full-time employment is her failure to make any real efforts to obtain same (see, Domestic Relations Law § 236 [B] [6] [a] [4]). While the length of the parties’ marriage was significant (see, Domestic Relations Law § 236 [B] [6] [a] [2]), the record reveals a modest preseparation standard of living (see, Hartog v Hartog,
Contrary to defendant’s contention, Supreme Court did not abuse its discretion in granting plaintiffs motion to reopen the evidence, made immediately after defendant rested and prior to summations (cf., Shapiro v Shapiro,
Mikoll, J. P., Crew III, Yesawich Jr. and Spain, JJ., concur. Ordered that the judgment is modified, on the law and the facts, by reversing so much thereof as granted plaintiff an award of maintenance of $250 per week for four years and $150 per week thereafter until defendant retires or his employment is otherwise terminated; plaintiff is awarded maintenance of $250 per week for four years and, at the conclusion of this four-year period, $150 per week for a maximum of five years thereafter or until defendant retires or his employment is otherwise terminated, whichever shall first occur; and, as so modified, affirmed.
