Prasinos v. Prasinos, 283 A.D.2d 913 (N.Y. App. Div. 4th Dep't 2001). · Go Syfert
Prasinos v. Prasinos, 283 A.D.2d 913 (N.Y. App. Div. 4th Dep't 2001). Cases Citing This Book View Copy Cite
17 citation events (17 in the last 25 years) across 1 distinct court.
Cited for
At page 913 Upholding trial court's equitable distribution findings7 citing cases“it is well established that 'equitable distribution presents issues of fact to be resolved by the trial court, and its judgment should be upheld absent an abuse of discretion”the opinion's own words at *913, quoted by 2 later opinions · 6 listed here
  • Rivera v. Rivera, 126 A.D.3d 1355 (N.Y. App. Div. 4th Dep't 2015).published 2 cites
    It is well settled 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’ ” (Prasinos v Prasinos, 283 AD2d 913, 913 [2001]; see also Oliv…
  • Swett, Allen J. v. Swett, Sheryl a., 89 A.D.3d 1560 (N.Y. App. Div. 4th Dep't 2011).published
    “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’ ” (Prasinos v Prasinos, 283 AD2d 913, 913 [2001]).
  • Oliver v. Oliver, 70 A.D.3d 1428 (N.Y. App. Div. 4th Dep't 2010).published
    It is well settled that “ ‘[e] quit able distribution presents issues of fact to be resolved by the trial court, and its judgment should be upheld absent an abuse of discretion’ ” (Prasinos v Prasinos, 283 AD2d 913, 913 [2001]; see Booth v…
  • Stephens v. Stephens, 41 A.D.3d 1301 (N.Y. App. Div. 4th Dep't 2007).published
    “It is well established that ‘[e] quit able distribution presents issues of fact to be resolved by the trial court, and its judgment should be upheld absent an abuse of discretion’ ” (Prasinos v Prasinos, 283 AD2d 913, 913 [2001]).
  • Booth v. Booth, 24 A.D.3d 1238 (N.Y. App. Div. 4th Dep't 2005).published
    “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’ ” (Prasinos v Prasinos, 283 AD2d 913, 913 [2001], quoting Mu…
  • Turner v. Turner, 305 A.D.2d 1087 (N.Y. App. Div. 4th Dep't 2003).published
    Memorandum: “It is well established that ‘[e] quit able distribution presents issues of fact to be resolved by the trial court, and its judgment should be upheld absent an abuse of discretion’ ” (Prasinos v Prasinos, 283 AD2d 913, 913 [200…
At page 914 Discretion in awarding maintenance and reviewing interim orders5 citing casesThe amount and duration of maintenance are also matters left to the sound discretion of the trial court (see, Majauskas v Majauskas, 61 NY2d 481, 494; Lo…opening of page *914 (no citing court says what it cites this page for) · 4 listed here
  • Headwell v. Headwell, 198 A.D.3d 1130 (N.Y. App. Div. 3d Dep't 2021).published
    Accordingly, as the parties proceeded to a trial that was intended to and did result in a final judgment, the husband's contentions regarding the propriety of those orders are moot ( see Kelly v Kelly , 19 AD3d at 1105-1106; Prasinos v Pra…
  • Szewczuk v. Szewczuk, 107 A.D.3d 692 (N.Y. App. Div. 2d Dep't 2013).published 2 cites
    Contrary to the plaintiff’s contention, the Supreme Court providently exercised its discretion in denying her request for maintenance (see Gainey v Gainey, 303 AD2d 628, 630-631 [2003]; Prasinos v Prasinos, 283 AD2d 913, 914 [2001]; Goddar…
  • Kelly v. Kelly, 19 A.D.3d 1104 (N.Y. App. Div. 4th Dep't 2005).published
    “The propriety of [the pendente lite] order is not reviewable on this appeal” (Prasinos v Prasinos, 283 AD2d 913, 914 [2001]).
  • Anderson v. Anderson, 50 A.D.3d 610 (N.Y. App. Div. 2d Dep't 2008).published
    In any event, it is the general rule that the proper remedy for any perceived inequity in a pendente lite award is a speedy trial, at which the financial circumstances of the parties can be fully explored (see Berlly v Berlly, 237 AD2d 553…
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
George Prasinos
v.
Tasia Prasinos
Appeal No. 1.
Appellate Division of the Supreme Court of the State of New York.
May 2, 2001.
Published opinion
283 A.D.2d 913
Cited by 17 opinions  |  Published

—Judgment unanimously affirmed without costs. Memorandum: 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” (Munson v Munson, 250 AD2d 1004; see, Teabout v Teabout, 269 AD2d 719, 720; Ackley v Ackley, 100 AD2d 153, 156, lv dismissed 63 NY2d 605). It is evident from the record that Supreme Court took into consideration the relevant factors enumerated in Domestic Relations Law § 236 (B) (5) (d) in declining to make any equitable distribution of the marital property (see, Butler v Butler, 256 AD2d 1041, 1042, lv denied 93 NY2d 805). With respect to this marriage of short duration, the court properly determined that defendant failed to offer any proof to establish that the value of plaintiff’s separate property increased during the marriage and that any increase in value of the separately owned property was attributable to defendant’s efforts in order to entitle defendant to a share of that increase (see generally, LaBarre v LaBarre, 251 AD2d 1008).

[*914] The amount and duration of maintenance are also matters left to the sound discretion of the trial court (see, Majauskas v Majauskas, 61 NY2d 481, 494; Lo Maglio v Lo Maglio, 273 AD2d 823, 824, appeal dismissed 95 NY2d 926; Wittig v Wittig, 258 AD2d 883, 883-884). Considering the short duration of the marriage, the age of defendant and her ability to be self-supporting, the court did not abuse its discretion in refusing to award defendant any maintenance (see, Goddard v Goddard, 256 AD2d 545, 546; Schor v Schor, 97 AD2d 460).

Defendant also contends that the pendente lite order of January 12, 1999, directing defendant to pay interim rent for her use of the marital residence, was erroneous. The propriety of that order is not reviewable on this appeal (see, Samuelsen v Samuelsen, 124 AD2d 650, 651; Caplin v Caplin, 33 AD2d 908, 909). “An order awarding pendente lite relief is only designed to provide temporary relief pending disposition of the matter in a final judgment” (Flynn v Flynn, 128 AD2d 583, 584; see, Batson v Batson, 277 AD2d 750). Contrary to the further contention of defendant, the court properly granted plaintiff judgment for the amount of the unpaid rent. (Appeal from Judgment of Supreme Court, Monroe County, VanStrydonck, J. — Matrimonial.) Present — Pigott, Jr., P. J., Green, Kehoe, Burns and Lawton, JJ.