Volkomer v. Volkomer

Full title: ANITA M. VOLKOMER, Respondent, v. WALTER VOLKOMER, Appellant

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

Date published: Mar 22, 1994

202 A.D.2d 311 (N.Y. App. Div. 1994)

609 N.Y.S.2d 785

Opinion

March 22, 1994

Appeal from the Supreme Court, Kings County (Dominick Corso, J.H.O.).

While the distribution of marital property and the making of a distributive award are matters committed to the sound discretion of the trial court in the first instance (Domestic Relations Law § 236 [B] [5]; Majauskas v. Majauskas, 61 N.Y.2d 481, 493), this Court's authority is as broad as that of the trial court (supra, at 493-494). We exercise that authority and conclude that, under the circumstances of this case, the award of one third of the marital portion of the defendant's pension to the plaintiff was an improvident exercise of the trial court's discretion.

Concur — Carro, J.P., Wallach, Ross, Rubin and Williams, JJ.