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David Gilkarov v. Rachel Gilkarov

New York Supreme and/or Appellate Courts Appellate Division, First Department


January 19, 2012

DAVID GILKAROV,
PLAINTIFF-APPELLANT,
v.
RACHEL GILKAROV,
DEFENDANT-RESPONDENT.

Gilkarov v Gilkarov

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.

Decided on January 19, 2012

Andrias, J.P., Sweeny, Moskowitz, Renwick, Freedman, JJ.

Order, Supreme Court, New York County (Marian Lewis, Special Referee), entered May 22, 2009, which, insofar as appealed from as limited by the briefs, awarded defendant 25% of the proceeds of the sale of a house purchased during the marriage and child support retroactive to the date on which custody of the children was transferred to her, unanimously affirmed, without costs.

We see no basis in the record for disturbing the special referee's credibility determination as to plaintiff's testimony that a house purchased during the marriage belonged to his sister (see Cooper v Cooper, 52 AD3d 429, 430 [2008]; McManus v McManus, 298 AD2d 189 [2002]). The house was properly treated as marital property subject to equitable distribution (see Domestic Relations Law § 236[B][1][c]; Seidman v Seidman, 226 AD2d 1011, 1012 [1996]).

The court properly awarded defendant child support retroactive to the date on which custody of the parties' children was transferred to her (see Shapiro v Shapiro, 35 AD3d 585, 587 [2006]; Domestic Relations Law § 236[B][7][a]).

We have considered plaintiff's remaining contentions and find them without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 19, 2012

CLERK

20120119

© 1992-2012 VersusLaw Inc.



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