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Maryann Gallagher (N/K/A Maryann Bock v. James Leo Gallagher

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


May 30, 2012

MARYANN GALLAGHER (N/K/A MARYANN BOCK), PLAINTIFF-RESPONDENT,
v.
JAMES LEO GALLAGHER, III (N/K/A JAMES L. GALLAGHER, III), DEFENDANT-APPELLANT.

On appeal from the Superior Court of New Jersey, Chancery Division-Family Part, Mercer County, Docket No. FM-11-34201-92.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: May 9, 2012

Before Judges Cuff and St. John.

In this post-judgment matrimonial appeal, defendant James Leo Gallagher, III, appeals from an order dated May 6, 2011, which requires defendant to reimburse his former wife, plaintiff Maryann Gallagher, $91,153.11. This sum represents plaintiff's share of defendant's pension unpaid to her since he retired in 2004. Judge Fitzpatrick ordered defendant to repay this sum at the rate of $500 each month.*fn1

On appeal, defendant argues that the $500 monthly payment is an arbitrary and capricious sum in light of his grave financial condition. He also contends that the judge improperly imposed fees and costs on him. The May 6, 2011 order does not impose any fees or costs. As to the remaining issue, having reviewed the record in its entirety, including the incomplete and inaccurate case information statements submitted by defendant, we conclude that the arguments advanced by defendant are without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E).

Affirmed.


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