Summary
In Pinto v. Pinto (260 A.D.2d 622, 688 N.Y.S.2d 701 [2 Dept., 1999]), the Appellate Division held that granting the ex-wife one hundred (100%) percent of property listed on the parties' statement of net worth in the event the ex-husband did not deliver a Get within a specified time period was not an improvident exercise of discretion.
Summary of this case from Mojdeh M. v. Jamshid A.Opinion
April 26, 1999
Appeal from the Supreme Court, Nassau County (Friedenberg, J.H.O.).
Ordered that the judgment is affirmed insofar as appealed from, with costs.
Contrary to the defendant's contention, the court did not improvidently exercise its discretion in granting the plaintiff title to all of the assets listed on both of their statements of net worth if he did not deliver a religious divorce known as a Get to the plaintiff within a specified time period ( see, Schwartz v. Schwartz, 235 A.D.2d 468).
Since the defendant agreed that a determination regarding counsel fees could be made upon the affirmation of services, the court was not required to hold a hearing on this issue ( see, Mancuso v. Mancuso, 178 A.D.2d 584; Dawson v. Dawson, 152 A.D.2d 717; Kandel v. Kandel, 129 A.D.2d 617; Janousek v. Janousek, 108 A.D.2d 782). Moreover, the amount of the counsel fee award was not an improvident exercise of discretion ( see, Domestic Relations Law § 237 [a]; Weiss v. Weiss, 213 A.D.2d 542; Levine v. Levine, 179 A.D.2d 625).
Under the circumstances of this case, the court did not improvidently exercise its discretion in denying the defendant's request for an adjournment of the trial ( see, Matter of Anthony M., 63 N.Y.2d 270; Ortolani v. Town of Hempstead, 256 A.D.2d 451; Brown v. Data Communications, 236 A.D.2d 499; Boxwill v. Boxwill, 158 A.D.2d 642).
The defendant's remaining contentions are without merit.
Bracken, J. P., Sullivan, Friedmann and Florio, JJ., concur.