Glazer v. Glazer

190 A.D.2d 951, 593 N.Y.S.2d 905, 1993 N.Y. App. Div. LEXIS 1549
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 18, 1993
StatusPublished
Cited by22 cases

This text of 190 A.D.2d 951 (Glazer v. Glazer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Glazer v. Glazer, 190 A.D.2d 951, 593 N.Y.S.2d 905, 1993 N.Y. App. Div. LEXIS 1549 (N.Y. Ct. App. 1993).

Opinion

— Harvey, J. Appeal from a judgment of the Supreme Court (Lynn, J.H.O.) ordering, inter alia, equitable distribution of the parties’ marital property, entered June 6, 1990 in Ulster County, upon a decision of the court.

The parties to this action were married in June 1962 and had two children, one of whom is now emancipated. During the marriage, the couple also raised to adulthood plaintiff’s two children from his first marriage. Plaintiff initially commenced this divorce action in February 1985, but the case was removed from the court calendar after the parties’ reconciliation in July 1986. The reconciliation only lasted about a year, however, and the action was again placed on the calendar. After it was restored, a nonjury trial was held and Supreme Court granted both parties a divorce on various grounds. A separate trial was then held to determine issues of equitable distribution, maintenance, child support and the custody of the parties’ unemancipated daughter (born in 1974). Supreme Court granted defendant custody of the parties’ daughter (with liberal visitation to plaintiff) and also granted defendant sole possession of the marital residence and its furnishings, title to a joint savings account containing $10,926.68 and a distributive award of $50,000, payable in 10 semiannual installments of $5,000 each. Plaintiff was awarded a checking account in his name with a balance of approximately $2,000, title to all pension and retirement benefits in his name and title to two bond funds and an annuity. Supreme Court further ordered plaintiff to pay maintenance of $100 per week [952]*952for 10 years and child support of $175.18 per week. This appeal by plaintiff followed.

Initially, we disagree with plaintiff that Supreme Court abused its discretion in its distribution of the marital assets. The court gave appropriate consideration to the statutory factors (see, Domestic Relations Law § 236 [B] [5] [d]). Accordingly, given the long-term nature of the marriage, the disposition of custody, plaintiff’s relatively high income and defendant’s contribution to plaintiff’s career by raising the children while plaintiff furthered his education, we conclude that no abuse of discretion occurred in deciding how to distribute the marital assets. Nevertheless, because we find that Supreme Court made some errors in determining which assets were marital property, the matter must be remitted for a recomputation of the precise amounts awarded.

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Bluebook (online)
190 A.D.2d 951, 593 N.Y.S.2d 905, 1993 N.Y. App. Div. LEXIS 1549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glazer-v-glazer-nyappdiv-1993.