From Casetext: Smarter Legal Research

Volponi-Hotton v. Hotton

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 2003
2 A.D.3d 437 (N.Y. App. Div. 2003)

Opinion

2003-04968.

December 1, 2003.

In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Suffolk County (Blydenburgh, J.), dated April 16, 2003, which granted that branch of the plaintiff's motion which was to direct him to pay the transfer taxes in connection with the transfer of the marital residence to the plaintiff.

Spence Davis, LLP, Garden City, N.Y., for appellant.

Michael Sileo, Garden City, N.Y., for respondent.

Before: SANDRA L. TOWNES, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

It is well settled that the disposition of marital property, both the amount and the method, is generally left to the sound discretion of the trial court ( see Kiprilova v. Kiprolov, 255 A.D.2d 362, 363; Filax v. Filax, 176 A.D.2d 1194, 1195), and "its distribution of the parties' marital property should not be disturbed unless it can be shown that the court improvidently exercised its discretion in so doing" ( Oster v. Goldberg, 226 A.D.2d 515).

Under the circumstances of this case, the Supreme Court providently exercised its discretion in directing the defendant to pay the transfer taxes in connection with the transfer of the marital residence to the plaintiff.

FLORIO, J.P., KRAUSMAN, LUCIANO, TOWNES and RIVERA, JJ., concur.


Summaries of

Volponi-Hotton v. Hotton

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 2003
2 A.D.3d 437 (N.Y. App. Div. 2003)
Case details for

Volponi-Hotton v. Hotton

Case Details

Full title:JODI VOLPONI-HOTTON, Respondent, v. MARK HOTTON, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 2003

Citations

2 A.D.3d 437 (N.Y. App. Div. 2003)
767 N.Y.S.2d 836

Citing Cases

Fields v. Fields

( Chernoff v Chernoff, 31 AD3d 900; Chiotti v Chiotti, 12 AD3d 995; Judson v Judson, 255 AD2d 656; Carney v…