Kalinich v. Kalinich

Full title: GEORGE KALINICH, Respondent, v. HELEN KALINICH, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 27, 1994

205 A.D.2d 736 (N.Y. App. Div. 1994)

614 N.Y.S.2d 907

Opinion

June 27, 1994

Appeal from the Supreme Court, Queens County (Dunkin, J.).

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The trial court's determination that the plaintiff proved his entitlement to a divorce on the ground of constructive abandonment (see, Domestic Relations Law § 170; Diemer v Diemer, 8 N.Y.2d 206), was based upon its evaluation of the credibility of the parties. We see no reason to disturb that evaluation on appeal (Caso v. Caso, 161 A.D.2d 683; Raso v. Raso, 129 A.D.2d 692).

The defendant's remaining contention is unpreserved for appellate review. Mangano, P.J., Altman, Hart and Florio, JJ., concur.