Ralis v. Ralis

• Decision Date: 11 January 2017
• Citation: 146 A.D.3d 831,46 N.Y.S.3d 631,2017 N.Y. Slip Op. 00205
• Parties: Dino RALIS, respondent, v. Kiriaki RALIS, appellant.
• Court: New York Supreme Court — Appellate Division

146 A.D.3d 831
46 N.Y.S.3d 631
2017 N.Y. Slip Op. 00205

Dino RALIS, respondent,
v.
Kiriaki RALIS, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Jan. 11, 2017.

46 N.Y.S.3d 632

William E. Betz, Great Neck, N.Y., for appellant.

Ramo, Nashak, Brown & Garibaldi LLP, Glendale, N.Y. (Gregory J. Brown of counsel), for respondent.

46 N.Y.S.3d 633

JOHN M. LEVENTHAL, J.P., JEFFREY A. COHEN, ROBERT J. MILLER, and FRANCESCA E. CONNOLLY, JJ.

146 A.D.3d 831

Appeal by the defendant from stated portions of a judgment of divorce of the Supreme Court, Queens County (Elizabeth A. Anderson, Ct. Atty. Ref.), entered September 3, 2014. The judgment, upon an amended memorandum decision of the same court dated May 29, 2014, made after a nonjury trial, inter alia, awarded the defendant maintenance and made an equitable distribution of the parties' marital assets.

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

The parties married on May 15, 1987, and have no children. The plaintiff owned three real property interests before the marriage that became marital property during the marriage. In March 2009, the plaintiff commenced this action against the defendant for a divorce and ancillary relief. A nonjury trial was held on the issues of equitable distribution of the marital property, maintenance, and attorney's fees. The Supreme Court issued a decision after trial dated December 17, 2013, and an amended memorandum decision after trial dated May 29, 2014. In a judgment entered September 3, 2014, the court awarded the defendant a distributive award of $1,023,500, payable in an initial lump sum of $180,000 and the remainder accruing interest at 3% per annum and payable in monthly installments in the amount of $5,000 commencing three years after the date of the judgment. The court also awarded the defendant maintenance in the amount of $6,000 per month for a term of three years commencing immediately upon the plaintiff's payment to the defendant of the $180,000 lump sum and the defendant's simultaneous transfer to the plaintiff of certain real estate interests. The defendant appeals. We affirm the judgment insofar as appealed from.

Equitable distribution does not necessarily mean equal distribution (see Michaelessi v. Michaelessi, 59 A.D.3d 688, 689, 874 N.Y.S.2d 207 ; Evans v. Evans, 57 A.D.3d 718, 719, 870 N.Y.S.2d 394 ; Greene v. Greene, 250 A.D.2d 572, 672 N.Y.S.2d 746 ). The equitable distribution of marital assets must be based on the circumstances of the particular case and the consideration of a number of statutory factors (see Domestic Relations Law § 236[B][5][d] ; Holterman v. Holterman, 3 N.Y.3d 1, 7, 781 N.Y.S.2d 458, 814 N.E.2d 765 ). "Those factors include: the income and property of each party at the time of marriage

146 A.D.3d 832

and at the time of commencement of the divorce action; the duration of the marriage; the age and health of the parties; the loss of inheritance and pension rights; any award of maintenance; any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of marital property by the party not having title; and any other factor which the...