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Scopelliti v. Scopelliti

90 A.D.3d 1016, 934 N.Y.2d 849
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 27, 2011
StatusPublished

This text of 90 A.D.3d 1016 (Scopelliti v. Scopelliti) 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
Scopelliti v. Scopelliti, 90 A.D.3d 1016, 934 N.Y.2d 849 (N.Y. Ct. App. 2011).

Opinion

The plaintiff failed to meet his burden of proving that the marital residence was his separate property (see Frey v Frey, 68 AD3d 1052, 1053 [2009]; Embury v Embury, 49 AD3d 802, 804 [2008]). Moreover, the Supreme Court’s imputation of income to the plaintiff was proper (see Duffy v Duffy, 84 AD3d 1151, 1152 [2011]; Wesche v Wesche, 77 AD3d 921, 923 [2010]; Fabrikant v Fabrikant, 62 AD3d 585, 586 [2009]).

We further find that, under the circumstances of this case, the award of counsel fees to the defendant was a provident exercise of discretion (see Levy v Levy, 289 AD2d 379 [2001]; Cooper v Cooper, 32 AD3d 376, 377 [2006]; see also Frankel v Frankel, 2 NY3d 601 [2004]).

The plaintiff’s remaining contentions are without merit, or [1017]*1017not properly before this Court. Skelos, J.E, Hall, Lott and Cohen, JJ., concur.

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Related

Frankel v. Frankel
814 N.E.2d 37 (New York Court of Appeals, 2004)
Cooper v. Cooper
32 A.D.3d 376 (Appellate Division of the Supreme Court of New York, 2006)
Embury v. Embury
49 A.D.3d 802 (Appellate Division of the Supreme Court of New York, 2008)
Fabrikant v. Fabrikant
62 A.D.3d 585 (Appellate Division of the Supreme Court of New York, 2009)
Frey v. Frey
68 A.D.3d 1052 (Appellate Division of the Supreme Court of New York, 2009)
Wesche v. Wesche
77 A.D.3d 921 (Appellate Division of the Supreme Court of New York, 2010)
Duffy v. Duffy
84 A.D.3d 1151 (Appellate Division of the Supreme Court of New York, 2011)
Levy v. Levy
289 A.D.2d 379 (Appellate Division of the Supreme Court of New York, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
90 A.D.3d 1016, 934 N.Y.2d 849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scopelliti-v-scopelliti-nyappdiv-2011.