Vanzandt v. Vanzandt
| Decision Date | 27 October 2011 |
| Parties | Donna K. VanZANDT, Respondent,v.Gary P. VanZANDT, Appellant. |
| Court | New York Supreme Court — Appellate Division |
88 A.D.3d 1232
931 N.Y.S.2d 774
2011 N.Y. Slip Op. 07558
Donna K. VanZANDT, Respondent,
v.
Gary P. VanZANDT, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
Oct. 27, 2011.
[931 N.Y.S.2d 774]
The Spada Law Firm, Albany (Justine L. Spada of counsel), for appellant.Arroyo, Copland & Associates, Albany (Karonne P. Jarrett of counsel), for respondent.Before: MERCURE, J.P., SPAIN, MALONE JR., KAVANAGH and McCARTHY, JJ.MALONE JR., J.[88 A.D.3d 1232] Appeal from an order of the Supreme Court (Zwack, J.), entered August 19, 2010 in Rensselaer County, which, among other things, granted plaintiff's motion for reconsideration.
In 2007, plaintiff commenced this action for divorce and sought equitable distribution of the parties' assets. Defendant did not appear at or participate in a subsequent inquest on the issue of equitable distribution, nor did he respond to the resulting proposed findings of fact and conclusions of law, in which Supreme Court (Stein, J.) found that defendant had received a pension from a former employer and awarded the money from that pension to defendant as part of his equitable share of the assets. A judgment of divorce was thereafter entered and equitable distribution was ordered. More than two years later, defendant moved to vacate the judgment of divorce, claiming that plaintiff had made material misrepresentations at the inquest regarding, among other things, the fact that he had received a pension ( see CPLR 5015[a] [3] ). Plaintiff opposed the motion [88 A.D.3d 1233] and cross-moved for counsel fees. Finding that plaintiff had made misrepresentations regarding the existence of a pension, Supreme Court (Zwack, J.) granted defendant's motion to vacate that part of the judgment of divorce that distributed
[931 N.Y.S.2d 775]
the marital assets, denied plaintiff's claim for counsel fees, and scheduled a second inquest on the issue of equitable distribution.At the second inquest, plaintiff again testified that defendant had received a pension and produced the parties' joint tax returns for 1995 and 1997 that reflected such. Plaintiff thereafter moved to renew and/or reargue her opposition to defendant's motion to vacate the judgment of divorce. Supreme Court granted that motion and, upon reconsideration, found that plaintiff's newly submitted documentary evidence conclusively established that she had not made material misrepresentations at the original inquest, denied defendant's motion to vacate and...
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