DelBello v DelBello
Annotate this Case
DelBello v DelBello
2012 NY Slip Op 07503
Released on November 9, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Released on November 9, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, FAHEY, CARNI, AND VALENTINO, JJ.
1139 CA 11-01347
[*1]LYNN M. DELBELLO, PLAINTIFF-RESPONDENT,
v
THOMAS M. DELBELLO, DEFENDANT-APPELLANT. (APPEAL NO. 2.)
Appeal from a judgment of the Supreme Court, Erie County (John F. O'Donnell, J.), entered December 2, 2010 in a divorce action. The judgment, inter alia, directed defendant to pay maintenance to plaintiff in the amount of $200 per week.
THOMAS M. DELBELLO, DEFENDANT-APPELLANT PRO SE.
KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (LAURA J. EMERSON OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by vacating the amount of maintenance awarded and as modified the judgment is affirmed without costs and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the same Memorandum as in Delbello v Delbello ([appeal No. 1] ___ AD3d ___ [Nov. 9, 2012]).
Entered: November 9, 2012
Frances E. Cafarell
Clerk of the Court
Released on November 9, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, FAHEY, CARNI, AND VALENTINO, JJ.
1139 CA 11-01347
[*1]LYNN M. DELBELLO, PLAINTIFF-RESPONDENT,
v
THOMAS M. DELBELLO, DEFENDANT-APPELLANT. (APPEAL NO. 2.)
Appeal from a judgment of the Supreme Court, Erie County (John F. O'Donnell, J.), entered December 2, 2010 in a divorce action. The judgment, inter alia, directed defendant to pay maintenance to plaintiff in the amount of $200 per week.
THOMAS M. DELBELLO, DEFENDANT-APPELLANT PRO SE.
KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (LAURA J. EMERSON OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by vacating the amount of maintenance awarded and as modified the judgment is affirmed without costs and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the same Memorandum as in Delbello v Delbello ([appeal No. 1] ___ AD3d ___ [Nov. 9, 2012]).
Entered: November 9, 2012
Frances E. Cafarell
Clerk of the Court
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
