MICHAEL LUCERE, res-ap, v. MARY LUCERE, APPELLANT-res — (INDEX NO. 202095/08)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, Nassau County (Brown, J.), entered July 12, 2012, as, upon findings of fact and conclusions of law entered July 12, 2012, and a decision dated August 31, 2011, made after a nonjury trial, awarded the plaintiff maintenance, awarded her only a 25 percent prospective share of the marital portion of the plaintiff’s pension rather than a 50 percent retroactive share thereof, awarded the plaintiff a separate property credit in the sum of $162,000 for a certain personal injury settlement, failed to award her a separate property credit for $10,000 deposited into her Ameriprise individual retirement account, and, in effect, failed to award her a share of certain rental income from the parties’ jointly held properties, and the plaintiff cross-appeals, as limited by his brief, from so much of the same judgment as failed to award him a separate property credit in the sum of $40,000 with respect to the purchase of certain real property located in Arizona, failed to direct that the defendant was to receive her share of the marital portion of his pension only during her lifetime and that her share was to revert to him if she predeceased him, failed to provide that his obligation to maintain life insurance with coverage in the sum of at least $60,000 as security for his obligations to the parties’ children was to terminate upon the emancipation of the parties’ youngest child, and failed to award him an attorney’s fee.
ORDERED that the judgment is modified, on the law, on the facts, and in the exercise of discretion, by (1) deleting the provision thereof awarding maintenance to the plaintiff, (2) adding thereto a provision awarding the defendant a credit in the sum of $10,000, representing her separate property in her Ameriprise individual retirement account, (3) adding thereto a provision awarding the defendant 50 percent of the net rental proceeds collected by the plaintiff from the parties’ jointly owned condominiums located in Arizona and Florida, and (4) adding thereto a provision directing that the plaintiff’s obligation to maintain a life insurance policy with coverage in the sum of at least $60,000 as security for his obligations to the parties’ children shall terminate upon the emancipation of the parties’ youngest child; as so modified, the judgment is affirmed insofar as appealed and cross-appealed from, with costs to the defendant.
