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JOSEPH ALTMANN, Appellant, v. MARY ELLEN FINGER, Respondent.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The parties stipulated that the two condominium units that are part of the marital estate would be sold if neither party purchased the interest of the other within specified periods of time. Since the failure of the parties to do so was undisputed, as was their acrimonious relationship, a hearing was unnecessary, and the Supreme Court providently exercised its discretion in granting that branch of the cross motion which was to appoint a receiver for the purpose of managing and selling the two condominium units ( see Martinucci v. Martinucci, 288 AD2d 444; Shapiro v. Shapiro, 141 AD2d 534).

The parties' remaining contentions are without merit.

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ALTMANN v. FINGER
(Nov 28, 2005)