Harrington v. Harrington

300 A.D.2d 861, 752 N.Y.S.2d 430, 2002 N.Y. App. Div. LEXIS 12418
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 19, 2002
StatusPublished
Cited by23 cases

This text of 300 A.D.2d 861 (Harrington v. Harrington) 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
Harrington v. Harrington, 300 A.D.2d 861, 752 N.Y.S.2d 430, 2002 N.Y. App. Div. LEXIS 12418 (N.Y. Ct. App. 2002).

Opinion

—Peters, J.

(1) Cross appeals from an order of the Supreme Court (Coccoma, J.) ordering, inter alia, equitable distribution of the parties’ marital property, entered June 4, 2001 in Otsego County, upon a decision of the court, (2) appeal from an order of said court, entered October 26, 2001 in Otsego County, which awarded plaintiff counsel fees, and (3) appeal from two orders of said court, entered November 21, 2001 in Otsego County, which apportioned certain marital assets.

Plaintiff and defendant were married in 1965 and have six children. At the time of the commencement of this divorce action in March 1998, only one child was a minor. After a trial, Supreme Court equally distributed the parties’ pension benefits, defendant’s 40IK plan and the proceeds to be realized from a court-ordered sale of the marital residence, along with [862]*862the parties’ 85 acres of vacant land and their interest in a tavern. Supreme Court granted exclusive possession of the marital home to plaintiff until it was sold. The court also granted plaintiff possession of her Fleet and Smith-Barney IRA accounts, bank account and a joint General Electric (hereinafter GE) credit union account. Defendant was entitled to retain his interests in his Fleet and Smith-Barney IRA accounts, his bank account and stocks. Finally, the court denied plaintiff’s request for maintenance.

After a posttrial hearing, Supreme Court further ordered defendant to pay plaintiff’s counsel fees upon its finding that defendant had purposely prolonged the litigation in order to financially punish plaintiff. It thereafter issued Qualified Domestic Relations Orders (hereinafter QDROs) providing for the distribution of the 40IK and pension plans. Defendant appeals and plaintiff cross appeals from, the decision and order of the court ordering, inter alia, equitable distribution

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Bluebook (online)
300 A.D.2d 861, 752 N.Y.S.2d 430, 2002 N.Y. App. Div. LEXIS 12418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrington-v-harrington-nyappdiv-2002.