LAW.coLAW.co

David Gilkarov, Appellant, v. Rachel Gilkarov, Respondent

New York Supreme Court, Appellate Division2012-01-19
91 A.D.3d 521936 N.Y.S.2d 544

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

We see no basis in the record for disturbing the special referee’s credibility determination as to plaintiffs 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 plaintiffs remaining contentions and find them without merit. Concur — Andrias, J.E, Sweeny, Moskowitz, Renwick and Freedman, JJ.