Wing v Wing
2008 NY Slip Op 09593 [57 AD3d 535]
December 2, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009

Ronald W. Wing, Respondent,
Mary Jane Wing, Appellant.

[*1] Seiff Kretz & Abercrombie, New York, N.Y. (Mariana Olenko of counsel), for appellant.

Ronald W. Wing, East Canaan, Conn., respondent pro se.

In an action for a divorce and ancillary relief, the defendant appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Dutchess County (Pagones, J.), entered May 23, 2007, as, after a nonjury trial, failed to award her maintenance and failed to award her a credit for certain expenditures she made in connection with the marital residence.

Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

The defendant contends that the Supreme Court erred in failing to award her maintenance. The defendant's contention is without merit. Since the defendant failed to show necessity or the inability to maintain herself, she did not meet her burden of proof with respect to her claim for maintenance (see Nell v Nell, 166 AD2d 154 [1990]).

The defendant's remaining contention is without merit. Miller, J.P., Dickerson, Leventhal and Belen, JJ., concur.