Parlato v. Parlato

• Court: New York Supreme Court — Appellate Division
• Citation: Parlato v. Parlato, 354 N.Y.S.2d 711, 44 A.D.2d 720 (N.Y. App. Div. 1974)
• Decision Date: 29 April 1974
• Parties: Virginia PARLATO, Respondent, v. Crescenzo PARLATO, Appellant.

Page 711

354 N.Y.S.2d 711

44 A.D.2d 720

Virginia PARLATO, Respondent, v. Crescenzo PARLATO, Appellant.

Supreme Court, Appellate Division, Second Department.

April 29, 1974.

Before SHAPIRO, Acting P.J. and COHALAN, CHRIST, BENJAMIN and MUNDER, JJ.

MEMORANDUM BY THE COURT.

In an action in which a judgment of the Supreme Court, Nassau County, was made on October 18, 1973, after a nonjury trial, Inter alia granting plaintiff a divorce, defendant appeals, as limited by his brief, from so much of the judgment as (1) awarded plaintiff exclusive occupancy of the marital home, (2) directed defendant to make all the then past due mortgage payments on the home and (3) awarded plaintiff alimony of $275 per week and a recovery of $17,844.31, with interest, representing one-half of the moneys removed by defendant from the parties' joint bank accounts.

Judgment modified, on the law and the facts, by (1) striking therefrom the second and third decretal paragraphs, which awarded plaintiff exclusive occupancy of the marital home and alimony, respectively; (2) striking from the fourth decretal paragraph thereof (a) all the matter beginning with the passage 'in the sum of $17,844.31' and ending with that of 'totalling $10,086.17' and (b) the passage 'in the sum total of $21,467.33', thus leaving therein only the total award of $4,489.58, which includes interest and represents one-half of the moneys, plus interest, removed by defendant on June 28, 1971 from the parties' joint bank account in the Marine Midland Grace Trust Co.; and (3) adding thereto a provision that the marital residence shall be sold. As so modified, judgment affirmed insofar as appealed from, without costs,...