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Haran v. Haran

Appellate Division of the Supreme Court of New York, Second Department
Apr 16, 2001
282 A.D.2d 572 (N.Y. App. Div. 2001)

Opinion

Submitted December 1, 2000.

April 16, 2001.

In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Blydenburgh J.), dated August 11, 1999, as, after a nonjury trial on the issue of equitable distribution, valued the marital residence as of the date of the commencement of the action.

Wilens Baker, P.C., New York, N.Y. (Howard W. Yagerman and Lexler Antonio of counsel), for appellant.

Jeffrey Seigel, Islandia, N.Y. (Margaret Schaefler of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, P.J., CORNELIUS J. O'BRIEN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendant's contention, the trial court properly valued the marital residence as of the date of the commencement of the action. "[V]aluation is an exercise properly within the fact-finding power of the trial courts, guided by expert testimony" (Burns v. Burns, 84 N.Y.2d 369, 375). On this record, we find that the trial court providently exercised its discretion in this matter and the determination will not be disturbed.

BRACKEN, P.J., O'BRIEN, FLORIO and SCHMIDT, JJ., concur.


Summaries of

Haran v. Haran

Appellate Division of the Supreme Court of New York, Second Department
Apr 16, 2001
282 A.D.2d 572 (N.Y. App. Div. 2001)
Case details for

Haran v. Haran

Case Details

Full title:Susan Haran, respondent, v. Joseph Haran, appellant

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

Date published: Apr 16, 2001

Citations

282 A.D.2d 572 (N.Y. App. Div. 2001)
723 N.Y.S.2d 374

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