Mitchell v. Mitchell

In a matrimonial action in which the parties were divorced by judgment dated June 29, 1994, the defendant appeals from an order of the Supreme Court, Westchester County (Scarpino, Jr., J.), entered September 30, 2009, which granted the plaintiffs motion to confirm a referee’s report dated May 22, 2009, made after a hearing, denied her cross motion to disaffirm the report, and denied her separate motion for an upward modification of the plaintiffs maintenance obligation.

Ordered that the order is reversed, on the law, with costs, the plaintiffs motion to confirm the referee’s report is denied,…