Szewczuk v. Szewczuk
| Decision Date | 05 June 2013 |
| Citation | 966 N.Y.S.2d 507,2013 N.Y. Slip Op. 03987,107 A.D.3d 692 |
| Parties | Lisa SZEWCZUK, appellant, v. Roger SZEWCZUK, respondent. |
| Court | New York Supreme Court — Appellate Division |
107 A.D.3d 692
966 N.Y.S.2d 507
2013 N.Y. Slip Op. 03987
Lisa SZEWCZUK, appellant,
v.
Roger SZEWCZUK, respondent.
Supreme Court, Appellate Division, Second Department, New York.
June 5, 2013.
[966 N.Y.S.2d 508]
Robert H. Montefusco, Islandia, N.Y., for appellant.
Richard A. Stettine, P.C. (Jonathan M. Kashimer, P.C., Garden City South, N.Y., of counsel), for respondent.
PETER B. SKELOS, J.P., L. PRISCILLA HALL, PLUMMER E. LOTT, and SYLVIA HINDS–RADIX, JJ.
[107 A.D.3d 692]In an action for a divorce and ancillary relief, the plaintiff appeals (1) from an order of the Supreme Court, Suffolk County (Blydenburgh, J.), entered November 17, 2009, which, after a nonjury trial, granted the defendant's application for a distributive award based on the appreciation in value of the marital residence, and denied the plaintiff's applications for maintenance and an award of an attorney's fee, and (2), as limited by her brief, from stated portions of a judgment of the same court (McNulty, J.) entered November 7, 2011, which, upon the order, inter alia, directed her to pay the defendant the sum of $102,500 as a distributive award based on the appreciation in value of the marital residence, and denied the plaintiff's applications for maintenance and an award of an attorney's fee.
ORDERED that the appeal from the order is dismissed; and it is further,
ORDERED that the judgment is modified, on the law, on the facts, and in the exercise of discretion, (1) by deleting the provision thereof directing the plaintiff to pay the defendant the sum of $102,500 as a distributive award based on the appreciation in value of the marital residence, and substituting therefor a provision directing the plaintiff to pay the defendant the sum of $60,000 as a distributive award based on the appreciation in value of the marital residence, and (2) by adding a provision thereto awarding the plaintiff an attorney's fee in the sum of $15,818; as so modified, the judgment is affirmed insofar as appealed from, with costs to the plaintiff, the order is modified accordingly, and the matter
[966 N.Y.S.2d 509]
is remitted to the Supreme Court, Suffolk County, for a determination of the issue of the equitable distribution of the marital portions of the defendant's retirement and investment accounts, and the entry of an appropriate amended judgment thereafter.
The appeal from the intermediate order must be dismissed, since no appeal lies as of right from an order which does not decide a motion made on...
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