Gately v. Gately, 113 A.D.3d 1093 (N.Y. App. Div. 2014). · Go Syfert
Gately v. Gately, 113 A.D.3d 1093 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
23 citation events (23 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (rule) Mehlenbacher v. Mehlenbacher
N.Y. App. Div. · 2021 · confidence medium
Plaintiff obtained his interest in the LLC during the marriage, and it was therefore his burden to rebut the statutory presumption that the interest was marital property ( see Fields v Fields , 15 NY3d 158, 163 [2010], rearg denied 15 NY3d 819 [2010]; Iwasykiw v Starks , 179 AD3d 1485, 1486 [4th Dept 2020]; Gately v Gately , 113 AD3d 1093, 1093 [4th Dept 2014], lv dismissed 23 NY3d 1048 [2014]; see also Domestic Relations Law § 236 [B] [1] [c], [d]).
discussed Cited as authority (rule) Keshav v. Singh
N.Y. App. Div. · 2019 · confidence medium
"Although the authority of this Court in determining issues of maintenance is as broad as that of the trial court" ( D'Amato v D'Amato , 132 AD3d 1424, 1425 [4th Dept 2015]), "[a]s a general rule, the amount and duration of maintenance are matters committed to the sound discretion of the trial court" ( Gately v Gately , 113 AD3d 1093, 1093 [4th Dept 2014], lv dismissed 23 NY3d 1048 [2014] [internal quotation marks omitted]).
discussed Cited as authority (rule) Peck v. Peck
N.Y. App. Div. · 2018 · confidence medium
"Although the authority of this Court in determining issues of maintenance is as broad as that of the trial court" ( D'Amato v D'Amato , 132 AD3d 1424, 1425 [4th Dept 2015]), "[a]s a general rule, the amount and duration of maintenance are matters committed to the sound discretion of the trial court" ( Gately v Gately , 113 AD3d 1093, 1093 [4th Dept 2014], lv dismissed 23 NY3d 1048 [2014] [internal quotation marks omitted]).
discussed Cited as authority (rule) SHINE, JAN C. v. SHINE, PAUL R.
N.Y. App. Div. · 2017 · confidence medium
“Although the authority of this Court in determining issues of maintenance is as broad as that of the trial court” (D’Amato v D’Amato, 132 AD3d 1424, 1425 [2015]), “[a]s a general rule, the amount and duration of maintenance are matters committed to the sound discretion of the trial court” (Gately v Gately, 113 AD3d 1093, 1093 [2014], lv dismissed 23 NY3d 1048 [2014] [internal quotation marks omitted]).
discussed Cited as authority (rule) D'AMATO, JO ANN v. D'AMATO, JOSEPH
N.Y. App. Div. · 2015 · confidence medium
“As a general rule, the amount and duration of maintenance are matters committed to the sound discretion of the trial court” (Gately v Gately, 113 AD3d 1093, 1093 [2014], lv dismissed 23 NY3d 1048 [2014] [internal quotation marks omitted]; see McCarthy v McCarthy, 57 AD3d 1481, 1481-1482 [2008]), and we perceive no abuse of discretion here.
discussed Cited as authority (rule) Terasaka v. Terasaka
N.Y. App. Div. · 2015 · confidence medium
It is well settled that separate property that is “ ‘commingled with marital property or is subsequently titled in the joint names of the spouses is presumed to be marital property’ ” (Gately v Gately, 113 AD3d 1093, 1094 [2014], lv dismissed 23 NY3d 1048 [2014]), and that “[t]he party seeking a finding of separate property has the burden of rebutting that presumption” (id.).
discussed Cited as authority (rule) Terasaka v. Terasaka
N.Y. App. Div. · 2015 · confidence medium
It is well settled that separate property that is “ ‘commingled with marital property or is subsequently titled in the joint names of the spouses is presumed to be marital property’ ” (Gately v Gately, 113 AD3d 1093, 1094 [2014], lv dismissed 23 NY3d 1048 [2014]), and that “[t]he party seeking a finding of separate property has the burden of rebutting that presumption” (id.).
discussed Cited as authority (rule) Sanseri v. Sanseri
N.Y. Sup. Ct. · 2015 · confidence medium
(Ceravolo v DeSantis, 125 AD3d 113 [3d Dept 2015]; Gately v Gately, 113 AD3d 1093, 1093 [4th Dept 2014] [“economic partnership” concept of the marriage relationship].) Under this view of marriage, the concept of maintenance in the Domestic Relations Law follows the same “economic” rules and has been transformed by legislative command into a tool of economic transfer to allow a former spouse to live economically independently and maintain a “marriage comparable” lifestyle.
discussed Cited as authority (rule) Gay v. Gay
N.Y. App. Div. · 2014 · confidence medium
Contrary to plaintiff’s contention, we conclude that the court properly required both parties to name the children as beneficiaries on their individual life insurance policies in order to secure their respective child support obligations (see Martin v Martin, 115 AD3d 1315, 1316 [2014]; Gately v Gately, 113 AD3d 1093, 1094 [2014]; Kelly v Kelly, 19 AD3d 1104 , 1107 [2005], appeal dismissed 5 NY3d 847 [2005], reconsideration denied 6 NY3d 803 [2006]).
discussed Cited as authority (rule) Gay v. Gay
N.Y. App. Div. · 2014 · confidence medium
Contrary to plaintiff’s contention, we conclude that the court properly required both parties to name the children as beneficiaries on their individual life insurance policies in order to secure their respective child support obligations (see Martin v Martin, 115 AD3d 1315, 1316 [2014]; Gately v Gately, 113 AD3d 1093, 1094 [2014]; Kelly v Kelly, 19 AD3d 1104 , 1107 [2005], appeal dismissed 5 NY3d 847 [2005], reconsideration denied 6 NY3d 803 [2006]).
cited Cited as authority (rule) Martin v. Martin
N.Y. App. Div. · 2014 · confidence medium
There is no abuse of discretion here (see Gately v Gately, 113 AD3d 1093, 1093 [2014]), and we decline to substitute our discretion for that of the court (cf. Knope, 103 AD3d at 1257 ).
cited Cited as authority (rule) Martin v. Martin
N.Y. App. Div. · 2014 · confidence medium
There is no abuse of discretion here (see Gately v Gately, 113 AD3d 1093, 1093 [2014]), and we decline to substitute our discretion for that of the court (cf. Knope, 103 AD3d at 1257 ).
discussed Cited "see" Ceravolo v. DeSantis
N.Y. App. Div. · 2015 · signal: see · confidence high
To be sure, “separate property which is commingled with marital property or is subsequently titled in the joint names of the spouses is presumed to be marital property” (Chiotti v Chiotti, 12 AD3d 995, 996 [2004]; see Gately v Gately, 113 AD3d 1093, 1094 [2014], lv dismissed 23 NY3d 1048 [2014]; see also Vertucci v Vertucci, 103 AD3d 999, 1003 [2013]).
discussed Cited "see" Ceravolo v. DeSantis
N.Y. App. Div. · 2015 · signal: see · confidence high
To be sure, “separate property which is commingled with marital property or is subsequently titled in the joint names of the spouses is presumed to be marital property” (Chiotti v Chiotti, 12 AD3d 995, 996 [2004]; see Gately v Gately, 113 AD3d 1093, 1094 [2014], lv dismissed 23 NY3d 1048 [2014]; see also Vertucci v Vertucci, 103 AD3d 999, 1003 [2013]).
discussed Cited "see" MYERS, TERESA E. v. MYERS, BRADLEY J.
N.Y. App. Div. · 2014 · signal: see · confidence high
It is well established that, “ ‘[a]sa general rule, the amount and duration of maintenance are matters committed to the sound discretion of the trial court’ ” (Frost v Frost, 49 AD3d 1150, 1150-1151 [2008]; see Gately v Gately, 113 AD3d 1093, 1093 [2014]; Rooney v Rooney [appeal No. 3], 92 AD3d 1294, 1295 [2012], lv denied 19 NY3d 810 [2012]), and we perceive no abuse of discretion here.
Retrieving the full opinion text from the archive…
Susan Gately
v.
James Gately
Appellate Division of the Supreme Court of the State of New York.
Jan 3, 2014.
113 A.D.3d 1093
Cited by 18 opinions  |  Published

Memorandum: In this divorce action, defendant appeals from an amended judgment that, inter alia, distributed marital assets and ordered him to pay maintenance to plaintiff. We reject defendant’s contention that Supreme Court abused its discretion in awarding maintenance to plaintiff. “ ‘As a general rule, the amount and duration of maintenance are matters committed to the sound discretion of the trial court’ ” (Frost v Frost, 49 AD3d 1150, 1150-1151 [2008]). There is no abuse of discretion here, given that the record establishes that the court appropriately considered plaintiffs “reasonable needs and predivorce standard of living in the context of the other enumerated statutory factors” set forth in Domestic Relations Law § 236 (B) (6) (a) (Hartog v Hartog, 85 NY2d 36, 52 [1995]).

We reject defendant’s further contention that the court erred in determining that certain investment accounts, stock options, deferred compensation benefits, and parcels of real property were marital property subject to equitable distribution. “It is well established that [e]quitable distribution presents issues of fact to be resolved by the trial court, and its judgment should be upheld absent an abuse of discretion” (Swett v Swett, 89 AD3d 1560, 1561 [2011] [internal quotation marks omitted]). “Marital property is broadly defined as ‘all property acquired by either or both spouses during the marriage’ ” (Price v Price, 69 NY2d 8, 11 [1986], quoting Domestic Relations Law § 236 [B] [1] [c]). The term “ ‘marital property’ . . . should be construed broadly in order to give effect to the ‘economic partnership’ concept of the marriage relationship recognized in the statute” (id. at 15). A party asserting a separate property claim must “ ‘trace the source of the funds . . . with sufficient particularity to rebut the presumption that they were marital property’ ” (Bailey v [*1094] Bailey, 48 AD3d 1123, 1124 [2008]; see Swett, 89 AD3d at 1561-1562; Bennett v Bennett, 13 AD3d 1080, 1082 [2004], lv denied 6 NY3d 708 [2006]). “[S]eparate property which is commingled with marital property or is subsequently titled in the joint names of the spouses is presumed to be marital property” (Chiotti v Chiotti, 12 AD3d 995, 996 [2004]; see Richter v Richter, 77 AD3d 1470, 1471 [2010]; Di Nardo v Di Nardo, 144 AD2d 906, 906 [1988]). The party seeking a finding of separate property has the burden of rebutting that presumption (see Frost, 49 AD3d at 1151; Haas v Haas, 265 AD2d 887, 888 [1999]), and we conclude that defendant failed to meet that burden with respect to the assets in question.

The court also properly required defendant to maintain a policy of life insurance to secure his child support and maintenance obligations (see Domestic Relations Law § 236 [B] [8] [a]). Finally, we decline to grant plaintiffs request that defendant be required to pay the printing costs for her separately filed appendix (cf. Wittig v Wittig, 258 AD2d 883, 884-885 [1999]). Present — Scudder, P.J., Smith, Peradotto, Lindley and Sconiers, JJ.