51 New York opinions name it 5 courts 2006–2026 15 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Holterman v. Holtermangreen2 sentences2025The equitable distribution of marital assets must be based on the circumstances of the particular case and the consideration of a number of statutory factors ( see Domestic Relations Law § 236[B][5][d]; Holterman v Holterman , 3 NY3d 1, 7 ). 2018The equitable distribution of marital assets must be based on the circumstances of the particular case and the consideration of a number of statutory factors ( see Domestic Relations Law § 236[B][5][d]; Holterman v Holterman , 3 NY3d 1, 7 ). | 12 | 18 |
Hanson v. New York State Board of Parolegreen2 sentences2014“Absent a convincing demonstration to the contrary, the Board is presumed to have acted properly in accordance with statutory requirements, and judicial intervention is warranted only where there is a showing of irrationality bordering on impropriety” (Matter of Hanson v New York State Bd. of Parole, 57 AD3d 994, 994 [2008] [internal quotation marks omitted]; see Matter of Thomches v Evans, 108 AD3d 724 [2013]). 2010While the Parole Board is required to consider a number of statutory factors in making its determination (see Executive Law § 259-i [2] [c]), it is not required to give equal weight to each of the factors it considers, nor is it required to address each factor in its decision (see Matter of Porter v Alexander, 63 AD3d 945, 946 [2009]; Matter of Hanson v New York State Bd. of Parole, 57 AD3d 994, 994-995 [2008]; Matter of Hardwick v Dennison, 43 AD3d 406 [2007]). | 6 | 6 |
Miller v. New York State Division of Parolegreen2 sentences2013Pursuant to Executive Law § 259-i (2) (c), the New York State Board of Parole (hereinafter the Parole Board) “is required to consider a number of statutory factors in determining whether an inmate should be released on parole” (Matter of Gelsomino v New York State Bd. of Parole, 82 AD3d 1097, 1098 [2011]; see Matter of Miller v New York State Div. of Parole, 72 AD3d 690, 691 [2010]; Matter of Mitchell v New York State Div. of Parole, 58 AD3d 742, 743 [2009]). 2013Pursuant to Executive Law § 259-i (2) (c), the New York State Board of Parole (hereinafter the Parole Board) “is required to consider a number of statutory factors in determining whether an inmate should be released on parole” (Matter of Gelsomino v New York State Bd. of Parole, 82 AD3d 1097, 1098 [2011]; see Matter of Miller v New York State Div. of Parole, 72 AD3d 690, 691 [2010]; Matter of Mitchell v New York State Div. of Parole, 58 AD3d 742, 743 [2009]). | 6 | 6 |
Huntley v. Evansgreen2 sentences2013“The Parole Board is not required to give equal weight to each statutory factor, nor is it required specifically to articulate every factor considered” (Matter of Gelsomino v New York State Bd. of Parole, 82 AD3d at 1098 ; see Matter of Huntley v Evans, 77 AD3d 945, 946 [2010]; Matter of Miller v New York State Div. of Parole, 72 AD3d at 691 ). 2011The New York State Division of Parole (hereinafter the Parole Board) is required to consider a number of statutory factors in determining whether an inmate should be released to parole (see Executive Law § 259-i; Matter of Huntley v Evans, 77 AD3d 945, 947 [2010]; Matter of Miller v New York State Div. of Parole, 72 AD3d 690, 691 [2010]). | 5 | 5 |
Mitchell v. New York State Division of Parolegreen2 sentences2013Pursuant to Executive Law § 259-i (2) (c), the New York State Board of Parole (hereinafter the Parole Board) “is required to consider a number of statutory factors in determining whether an inmate should be released on parole” (Matter of Gelsomino v New York State Bd. of Parole, 82 AD3d 1097, 1098 [2011]; see Matter of Miller v New York State Div. of Parole, 72 AD3d 690, 691 [2010]; Matter of Mitchell v New York State Div. of Parole, 58 AD3d 742, 743 [2009]). 2013Pursuant to Executive Law § 259-i (2) (c), the New York State Board of Parole (hereinafter the Parole Board) “is required to consider a number of statutory factors in determining whether an inmate should be released on parole” (Matter of Gelsomino v New York State Bd. of Parole, 82 AD3d 1097, 1098 [2011]; see Matter of Miller v New York State Div. of Parole, 72 AD3d 690, 691 [2010]; Matter of Mitchell v New York State Div. of Parole, 58 AD3d 742, 743 [2009]). | 4 | 7 |
Fairchild v. Fairchildgreen2 sentences2026"Domestic Relations Law § 236 mandates that the equitable distribution of marital assets be based on the circumstances of the particular case and directs the courts to consider a number of statutory factors" ( Fairchild v Fairchild , 149 AD3d 810, 810-811 ; see Domestic Relations Law § 236[B][5][c], [d]). 2026"Domestic Relations Law § 236 mandates that the equitable distribution of marital assets be based on the circumstances of the particular case and directs the courts to consider a number of statutory factors" ( Fairchild v Fairchild , 149 AD3d 810, 810-811; see Domestic Relations Law § 236[B][5][c], [d]). | 4 | 6 |
Taylor v. Taylorgreen2 sentences2026"Those factors include: the income and property of each party at the time of marriage and at the time of commencement of the divorce action; the duration of the marriage; the age and health of the parties; the loss of inheritance and pension rights; any award of maintenance; any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of marital property by the party not having title; and any other factor which the court shall expressly find to be just and proper" ( Taylor v Taylor , 140 AD3d 944, 945-946 ). 2017The equitable distribution of marital assets must be based on the circumstances of the particular case and the consideration of a number of statutory factors (see Domestic Relations Law § 236 [B] [5] [d]; Holterman v Holterman, 3 NY3d 1, 7 [2004]; Taylor v Taylor, 140 AD3d 944, 945 [2016]). *1060 In determining an equitable disposition of property the court must consider, inter alia, the wasteful dissipation of assets by either party (see Domestic Relations Law § 236 [B] [5] [d] [12]; Wilner v Wilner, 192 AD2d 524, 525 [1993]). | 3 | 11 |
Halley-Boyce v. Boycegreen2 sentences2018The equitable distribution of marital assets must be based on the circumstances of the particular case and the consideration of a number of statutory factors ( see Domestic Relations Law § 236[B][5][d]; Holterman v Holterman , 3 NY3d 1, 7 ; Halley-Boyce v Boyce , 108 AD3d at 504 ). 2016The equitable distribution of marital assets must be based on the circumstances of the particular case and the consideration of a number of statutory factors (see Holterman v Holterman, 3 NY3d 1, 7 [2004]; Halley-Boyce v Boyce, 108 AD3d 503 [2013]; Domestic Relations Law § 236 [B] [5] [d]). | 3 | 8 |
Mahoney-Buntzman v. Buntzmangreen2 sentences2022A nonjury trial was held on the issues of equitable distribution, child support, and counsel fees. "'Domestic Relations Law § 236 mandates that the equitable distribution of marital assets be based on the circumstances of the particular case and directs the courts to consider a number of statutory factors'" ( Fairchild v Fairchild , 149 AD3d 810, 810-811 , quoting Fields v Fields , 15 NY3d 158, 170 ; see Domestic Relations Law § 236[B][5][c], [d]). "'A trial court considering the factors set forth in the Domestic Relations Law has broad discretion in deciding what is equitable under all of the 2019We agree with the defendant that the Supreme Court should have directed the plaintiff to purchase life insurance in the defendant's favor in an amount sufficient to secure the payment of the plaintiff's maintenance and child support obligations ( see Domestic Relations Law § 236[B][8][a]; Hartog v Hartog , 85 NY2d 36, 50 ; Baron v Baron , 71 AD3d 807, 810 ; Comstock v Comstock , 1 AD3d 307, 308 ). " Domestic Relations Law § 236 mandates that the equitable distribution of marital assets be based on the circumstances of the particular case and directs the courts to consider a number of statutory | 3 | 3 |
MATTER OF KING v. New York State Div. of Parolegreen2 sentences2013In determining whether to grant parole to an inmate, the New York State Board of Parole (hereinafter the Parole Board) is required to consider a number of statutory factors (see Executive Law § 259-i [2] [c]; Matter of King v New York State Div. of Parole, 83 NY2d 788, 790 [1994]). 2013In determining whether to grant parole to an inmate, the New York State Board of Parole (hereinafter the Parole Board) is required to consider a number of statutory factors (see Executive Law § 259-i [2] [c]; Matter of King v New York State Div. of Parole, 83 NY2d 788, 790 [1994]). | 3 | 3 |
Fields v. Fieldsgreen2 sentences2024See Santamaria v. Santamaria , 177 AD3d 802 , 804 (2d Dept. 2019); Culen v. Culen , 157 AD3d 926 , 929 (2d Dept. 2018). "'Domestic Relations Law § 236 mandates that the equitable distribution of marital assets be based on the circumstances of the particular case and directs the courts to consider a number of statutory factors.'" Fairchild v. Fairchild , 149 AD3d 710 , 710—711 (2d Dept. 2017), quoting Fields v. Fields , 15 NY3d 158, 170 (2010). 2022A nonjury trial was held on the issues of equitable distribution, child support, and counsel fees. "'Domestic Relations Law § 236 mandates that the equitable distribution of marital assets be based on the circumstances of the particular case and directs the courts to consider a number of statutory factors'" ( Fairchild v Fairchild , 149 AD3d 810, 810-811 , quoting Fields v Fields , 15 NY3d 158, 170 ; see Domestic Relations Law § 236[B][5][c], [d]). "'A trial court considering the factors set forth in the Domestic Relations Law has broad discretion in deciding what is equitable under all of the | 2 | 8 |
Spera v. Speragreen2 sentences2026While the court is required to discuss the statutory factors it relied upon in distributing marital property, it is not required to specifically cite to and analyze each statutory factor where it is evident that it considered the relevant factors and the reasons for its decision are articulated ( see Spera v Spera , 71 AD3d 661, 662 ). 2019We agree with the defendant that the Supreme Court should have directed the plaintiff to purchase life insurance in the defendant's favor in an amount sufficient to secure the payment of the plaintiff's maintenance and child support obligations ( see Domestic Relations Law § 236[B][8][a]; Hartog v Hartog , 85 NY2d 36, 50 ; Baron v Baron , 71 AD3d 807, 810 ; Comstock v Comstock , 1 AD3d 307, 308 ). " Domestic Relations Law § 236 mandates that the equitable distribution of marital assets be based on the circumstances of the particular case and directs the courts to consider a number of statutory | 2 | 5 |
Jones v. Jonesgreen2 sentences2024"The equitable distribution of marital assets must be based on the circumstances of the particular case and the consideration of a number of statutory factors." ( see Jones v Jones , 182 AD3d 586 [2d Dept 2020] quoting Culen v Culen , 157 AD3d 926 [2d Dept 2018] citing Domestic Relations Law § 236 [B] [5] [d] ). 2024"The equitable distribution of marital assets must be based on the circumstances of the particular case and the consideration of a number of statutory factors." ( see Jones v Jones , 182 AD3d 586 [2d Dept 2020] quoting Culen v Culen , 157 AD3d 926 [2d Dept 2018] citing Domestic Relations Law § 236 [B] [5] [d] ). | 2 | 4 |
Sufia v. Khaliquegreen2 sentences2025"Domestic Relations Law § 236 mandates that the equitable distribution of marital assets be based on the circumstances of the particular case and directs the courts to consider a number of statutory factors" ( Sufia v Khalique , 189 AD3d 1499, 1500 [internal quotation marks omitted]; see Domestic Relations Law § 236[B][5][c], [d]). 2025"Domestic Relations Law § 236 mandates that the equitable distribution of marital assets be based on the circumstances of the particular case and directs the courts to consider a number of statutory factors" ( Sufia v Khalique , 189 AD3d 1499, 1500 [internal quotation marks omitted]; see Domestic Relations Law § 236[B][5][c], [d]). | 2 | 3 |
Milnes v. Milnesgreen2 sentences2020While " the Supreme Court is required to discuss the statutory factors it relied upon in distributing marital property,'" where " it is evident that the Supreme Court considered all relevant factors and the reasons for its decision are articulated, the court is not required to specifically cite to and analyze each statutory factor'" ( Spera v Spera , 71 AD3d 661, 662 , quoting Milnes v Milnes , 50 AD3d 750, 750 ). 2019We agree with the defendant that the Supreme Court should have directed the plaintiff to purchase life insurance in the defendant's favor in an amount sufficient to secure the payment of the plaintiff's maintenance and child support obligations ( see Domestic Relations Law § 236[B][8][a]; Hartog v Hartog , 85 NY2d 36, 50 ; Baron v Baron , 71 AD3d 807, 810 ; Comstock v Comstock , 1 AD3d 307, 308 ). " Domestic Relations Law § 236 mandates that the equitable distribution of marital assets be based on the circumstances of the particular case and directs the courts to consider a number of statutory | 2 | 3 |
Thomches v. Evansgreen2 sentences2014“Absent a convincing demonstration to the contrary, the Board is presumed to have acted properly in accordance with statutory requirements, and judicial intervention is warranted only where there is a showing of irrationality bordering on impropriety” (Matter of Hanson v New York State Bd. of Parole, 57 AD3d 994, 994 [2008] [internal quotation marks omitted]; see Matter of Thomches v Evans, 108 AD3d 724 [2013]). 2014“Absent a convincing demonstration to the contrary, the Board is presumed to have acted properly in accordance with statutory requirements, and judicial intervention is warranted only where there is a showing of irrationality bordering on impropriety” (Matter of Hanson v New York State Bd. of Parole, 57 AD3d 994, 994 [2008] [internal quotation marks omitted]; see Matter of Thomches v Evans, 108 AD3d 724 [2013]). | 2 | 2 |
Fuchs v. Forstergreen2 sentences2013Pursuant to Executive Law § 259-i (2) (c), the New York State Board of Parole (hereinafter the Parole Board) “is required to consider a number of statutory factors in determining whether an inmate should be released on parole” (Matter of Gelsomino v New York State Bd. of Parole, 82 AD3d 1097, 1098 [2011]; see Matter of Miller v New York State Div. of Parole, 72 AD3d 690, 691 [2010]; Matter of Mitchell v New York State Div. of Parole, 58 AD3d 742, 743 [2009]). 2013Pursuant to Executive Law § 259-i (2) (c), the New York State Board of Parole (hereinafter the Parole Board) “is required to consider a number of statutory factors in determining whether an inmate should be released on parole” (Matter of Gelsomino v New York State Bd. of Parole, 82 AD3d 1097, 1098 [2011]; see Matter of Miller v New York State Div. of Parole, 72 AD3d 690, 691 [2010]; Matter of Mitchell v New York State Div. of Parole, 58 AD3d 742, 743 [2009]). | 2 | 2 |
Peritore v. Peritoregreen2 sentences2012There is no requirement that the distribution of each item of marital property be made on an equal basis (see DeSouza-Brown v Brown, 71 AD3d at 946 ; Peritore v Peritore, 66 AD3d 750, 752-753 [2009]; Griggs v Griggs, 44 AD3d 710, 713 [2007]). 2012There is no requirement that the distribution of each item of marital property be made on an equal basis (see DeSouza-Brown v Brown, 71 AD3d at 946 ; Peritore v Peritore, 66 AD3d 750, 752-753 [2009]; Griggs v Griggs, 44 AD3d 710, 713 [2007]). | 2 | 2 |
Griggs v. Griggsgreen2 sentences2012There is no requirement that the distribution of each item of marital property be made on an equal basis (see DeSouza-Brown v Brown, 71 AD3d at 946 ; Peritore v Peritore, 66 AD3d 750, 752-753 [2009]; Griggs v Griggs, 44 AD3d 710, 713 [2007]). 2012There is no requirement that the distribution of each item of marital property be made on an equal basis (see DeSouza-Brown v Brown, 71 AD3d at 946 ; Peritore v Peritore, 66 AD3d 750, 752-753 [2009]; Griggs v Griggs, 44 AD3d 710, 713 [2007]). | 2 | 2 |
Wan Zhang v. Travisgreen2 sentences2010The Parole Board is not required to give equal weight to each statutory factor (see Matter of Hanson v New York State Bd. of Parole, 57 AD3d 994, 994-995 [2008]; Matter of Wan Zhang v Travis, 10 AD3d 828, 829 [2004]). 2010The Parole Board is not required to give equal weight to each factor, nor is it required to articulate specifically each factor in its determination (see Matter of Miller v New York State Div. of Parole, 72 AD3d at 691 ; Matter of Hanson v New York State Bd. of Parole, 57 AD3d 994, 994-995 [2008]; Matter of Wan Zhang v Travis, 10 AD3d 828, 829 [2004]). | 2 | 2 |
Fishman v. Fishmangreen1 sentence2025"While 'the Supreme Court is required to discuss the statutory factors it relied upon in distributing marital property,' where 'it is evident that the Supreme Court considered all relevant factors and the reasons for its decision are articulated, the court is not required to specifically cite to and analyze each statutory factor'" ( Fishman v Fishman , [*2] 186 AD3d 1199, 1201 [internal quotation marks omitted], quoting Spera v Spera , 71 AD3d 661, 662 ; see Domestic Relations Law § 236[B][5][g]; Sufia v Khalique , 189 AD3d 1499, 1500 ). | 1 | 1 |
Shvalb v. Rubinshteingreen1 sentence2025"Domestic Relations Law § 236 mandates that the equitable distribution of marital assets be based on the circumstances of the particular case and directs the courts to consider a number of statutory factors" ( Shvalb v Rubinshtein , 204 AD3d 1059, 1061 [internal quotation marks omitted]; see Domestic Relations Law § 236[B][5][c], [d]). | 1 | 1 |
Kamm v. Kammgreen1 sentence2024"Those factors include: the income and property of each party at the time of marriage and at the time of commencement of the divorce action; the duration of the marriage; the age and health of the parties; the loss of inheritance and pension rights; any award of maintenance; any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of marital property by the party not having title; and any other factor which the court shall expressly find to be just and proper." Taylor v. Taylor , 140 AD3d 944 , 945—946 (2d Dept. 2016); see DRL § 236B(5)(d). "'While equita | 1 | 1 |
| Payne v. Paynegreen | 1 | 1 |
| Epstein v. Messnergreen | 1 | 1 |
| Renck v. Renckgreen | 1 | 1 |
| Wilner v. Wilnergreen | 1 | 1 |
| Porter v. Alexandergreen | 1 | 1 |
| MATTER OF SILMON v. Travisgreen | 1 | 1 |
| Price v. Pricegreen | 1 | 1 |
| Capasso v. Capassogreen | 1 | 1 |
| O'Brien v. O'Briengreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Silvers v. Silvers
green
2 sentences2024"Those factors include: the income and property of each party at the time of marriage and at the time of commencement of the divorce action; the duration of the marriage; the age and health of the parties; the loss of inheritance and pension rights; any award of maintenance; any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of marital property by the party not having title; and any other factor which the court shall expressly find to be just and proper[.]" ( see Silvers v Silvers , 197 AD3d 1195 [2d Dept 2021]; quoting Taylor v Taylor , 140 AD3d 94 2024"Those factors include: the income and property of each party at the time of marriage and at the time of commencement of the divorce action; the duration of the marriage; the age and health of the parties; the loss of inheritance and pension rights; any award of maintenance; any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of marital property by the party not having title; and any other factor which the court shall expressly find to be just and proper[.]" ( see Silvers v Silvers , 197 AD3d 1195 [2d Dept 2021]; quoting Taylor v Taylor , 140 AD3d 94 | 2 | 2024–2024 |
Gafycz v. Gafycz
green
2 sentences2018Here, in fashioning its equitable distribution award of the marital property, the Supreme Court properly considered the relevant factors and took into consideration its findings that the defendant was not credible, was deliberately evasive in his testimony, and had dissipated certain marital assets ( see Lowe v Lowe , 151 AD3d at 957 ; Gafycz v Gafycz , 148 AD3d at 680 ). 2018Marital property must be distributed equitably between the parties, considering the circumstances of the particular case and a number of statutory factors ( see [*2] Domestic Relations Law § 236[B][5][c],[d]; Holterman v Holterman , 3 NY3d 1 , 7; Scaramucci v Scaramucci , 140 AD3d 848 , 849). " The trial court is vested with broad discretion in making an equitable distribution of marital property . . . and unless it can be shown that the court improvidently exercised that discretion, its determination should not be disturbed'" ( Linenschmidt v Linenschmidt , 163 AD3d 949 , 950, quoting Gafycz | 2 | 2018–2018 |
Goldberg v. New York State Board of Parole
neutral
2 sentences2014In determining whether to grant parole to an inmate, the New York State Board of Parole (hereinafter the Board) is required to consider a number of statutory factors (see Executive Law § 259-i [2] [c]; Matter of Goldberg v New York State Bd. of Parole, 103 AD3d 634 [2013]). 2014In determining whether to grant parole to an inmate, the New York State Board of Parole (hereinafter the Board) is required to consider a number of statutory factors (see Executive Law § 259-i [2] [c]; Matter of Goldberg v New York State Bd. of Parole, 103 AD3d 634 [2013]). | 2 | 2014–2014 |
DeSouza-Brown v. Brown
green
2 sentences2012There is no requirement that the distribution of each item of marital property be made on an equal basis (see DeSouza-Brown v Brown, 71 AD3d at 946 ; Peritore v Peritore, 66 AD3d 750, 752-753 [2009]; Griggs v Griggs, 44 AD3d 710, 713 [2007]). 2012There is no requirement that the distribution of each item of marital property be made on an equal basis (see DeSouza-Brown v Brown, 71 AD3d at 946 ; Peritore v Peritore, 66 AD3d 750, 752-753 [2009]; Griggs v Griggs, 44 AD3d 710, 713 [2007]). | 2 | 2012–2012 |
Potvin v. Potvin
neutral
1 sentence2025Potvin v. Potvin, 193 AD3d 995 (2d Dept. 2021). | 1 | 2025–2025 |
Sidhu v. Sidhu
green
1 sentence2022The Supreme Court properly determined that the marital residence located in Staten Island was the defendant's separate property, since she purchased it prior to the marriage ( see Carniol v Carniol , 306 AD2d 366, 368 ; Sidhu v Sidhu , 304 AD2d 816, 817 ). | 1 | 2022–2022 |
Carniol v. Carniol
green
1 sentence2022The Supreme Court properly determined that the marital residence located in Staten Island was the defendant's separate property, since she purchased it prior to the marriage ( see Carniol v Carniol , 306 AD2d 366, 368 ; Sidhu v Sidhu , 304 AD2d 816, 817 ). | 1 | 2022–2022 |
| Brinkmann v. Brinkmann neutral | 1 | 2020–2020 |
| Mahoney v. Mahoney green | 1 | 2020–2020 |
| Minott v. Nurse green | 1 | 2020–2020 |
| Young v. Knight green | 1 | 2020–2020 |
| MATTER OF CASSANO v. Cassano green | 1 | 2020–2020 |
| Hartog v. Hartog green | 1 | 2019–2019 |
| Baron v. Baron green | 1 | 2019–2019 |
| Comstock v. Comstock green | 1 | 2019–2019 |
| Schwartz v. Schwartz green | 1 | 2018–2018 |
| Alper v. Alper green | 1 | 2018–2018 |
| Scaramucci v. Scaramucci green | 1 | 2018–2018 |
| Lowe v. Lowe neutral | 1 | 2018–2018 |
| Michaelessi v. Michaelessi green | 1 | 2015–2015 |
| Duffy v. Duffy green | 1 | 2015–2015 |
| Galbreith v. New York State Board of Parole green | 1 | 2010–2010 |
| Hardwick v. Dennison green | 1 | 2010–2010 |
| Russo v. New York State Board of Parole green | 1 | 2010–2010 |
| Price v. Price green | 1 | 2006–2006 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.