LOPEZ v. SALDANA

Plaintiff's challenge to the order granting the divorce is not appealable because he is not an "aggrieved party" pursuant to CPLR 5511, having consented to entry of judgment (see Goodman v. Goodman, 150 A.D.2d 636).

In distributing the marital property, the court analyzed the relevant factors among those delineated in Domestic Relations Law § 236(B)(5)(d) (see Castaldo v. Castaldo, 289 A.D.2d 189, 190), and its conclusion that plaintiff contributed 30% to the marriage is supported by the record (see Hartog v. Hartog, 85 N.Y.2d 36, 45-46). However, plaintiff did not show that certain retirement annuities were established during the marriage (see Davis v. Davis, 128 A.D.2d 470, 476), and his equitable share of defendant's retirement plans was appropriately limited to her NYSNA pension. The concurrence of her participation in the plan and the term of the marriage obviates the necessity to perform the intricate analysis undertaken in Majauskas v. Majauskas ( 61 N.Y.2d 481). Similarly, plaintiff's completion of a year of full-time law study during the marriage warrants the inclusion of one-third of his law degree as marital property (see Hartog, at 45-46;Reik v. Reik, 280 A.D.2d 372). In the absence of documentary proof, no credit is due plaintiff for his claimed credit card indebtedness of $22,000 (see Feldman v. Feldman, 204 A.D.2d 268, 270). However, the allocation of one-third of defendant's marital debt to plaintiff is inconsistent with his allocation of only 30% of the marital assets (see Zelnik v. Zelnik, 169 A.D.2d 317, 337; Purpura v. Purpura, 193 A.D.2d 793, 796), and we therefore reduce his share of the marital debt from $19,979.82 to $17,981.41. Finally, the record does not demonstrate plaintiff's ability to pay the distributive award in a lump sum and, accordingly, we establish the installment schedule indicated above.

We have considered plaintiff's remaining arguments and find them to be unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.