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LaFemina v. LaFemina

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 23, 2008

JOHN LAFEMINA, RESPONDENT,
v.
MARIA LAFEMINA, APPELLANT.

In a matrimonial action in which the parties were divorced by judgment entered May 15, 2007, the defendant appeals, as limited by her brief, from (1) so much of an order of the Supreme Court, Suffolk County (Rebolini, J.), dated May 23, 2007, as denied those branches of her motions which were, in effect, pursuant to CPLR 4404(b) to set aside stated portions of a decision dated December 22, 2006, made after an inquest, and (2) stated portions of an order of the same court dated September 10, 2007, which, inter alia, denied those branches of her separate motion which were, in effect, to vacate portions of a judgment of divorce dated May 15, 2007, among other things, upon the decision, awarding the marital residence to the plaintiff as his separate property.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PETER B. SKELOS, J.P., ROBERT A. LIFSON, FRED T. SANTUCCI and RUTH C. BALKIN, JJ.

(Index No. 12566/05)

DECISION & ORDER

ORDERED that the orders are affirmed insofar as appealed from, with one bill of costs.

The defendant offered no basis upon which to set aside the court's determination that, pursuant to the prenuptial agreement, the marital residence was the plaintiff's separate property.

The defendant's remaining contentions were improperly raised for the first time in her reply brief (see Gorman v Town of Huntington, 47 AD3d 30, 39).

SKELOS, J.P., LIFSON, SANTUCCI and BALKIN, JJ., concur.

20081223

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