Appellate Division of the Supreme Court of New York, 2012

Gilkarov v. Gilkarov

Gilkarov v. Gilkarov
Appellate Division of the Supreme Court of New York · Decided January 19, 2012
91 A.D.3d 521; 936 N.Y.2d 544
Gilkarov v. Gilkarov

Opinion of the Court

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.

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