Opinion
December 31, 1986
Appeal from the Supreme Court, Suffolk County, Spatt, J., Vitale, J.
Ordered that the judgment is modified, on the law, by deleting from the fifth decretal paragraph thereof the figure of "$9,180" and substituting therefor the figure "$13,848", and by deleting from the sixth decretal paragraph thereof the figure of "$9,180", and substituting therefor the figure "$13,848." As so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements.
We modify the judgment to reflect the fact that the trial court improperly credited the plaintiff husband with voluntary payments he made to the parties' children towards the sum of money owed the defendant wife under a temporary maintenance and support order. We also note that under the circumstances of this case, the court properly imposed a constructive trust for the plaintiff's benefit upon certain real and personal property held by the defendant (see, Simonds v. Simonds, 45 N.Y.2d 233, 241; Sharp v. Kosmalski, 40 N.Y.2d 119, 121; Coco v. Coco, 107 A.D.2d 21; Goodman v. Goodman, 84 A.D.2d 344; Saff v. Saff, 61 A.D.2d 452). Thompson, J.P., Brown, Eiber and Kunzeman, JJ., concur.