Magnotta v. Magnotta

Full title: DONALD MAGNOTTA, Appellant, v. DIANE MAGNOTTA, Respondent

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

Date published: May 5, 1997

239 A.D.2d 320 (N.Y. App. Div. 1997)

657 N.Y.S.2d 992

Opinion

May 5, 1997

Appeal from the Supreme Court, Queens County (Sherman, J.H.O.).

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

Under the circumstances of this case, the court's equitable distribution of the marital property was not an improvident exercise of discretion ( see, Domestic Relations Law § 236[B][5] [d][1]-[10]). Contrary to the husband's contention, he is not entitled to an equitable share of the wife's personal injury award ( see, Domestic Relations Law § 236[B][1][d][2]).

The husband's remaining contentions are without merit.

Santucci, J.P., Joy, McGinity and Luciano, JJ., concur.