Gilkarov v. Gilkarov

Shmuel Agami, New York, for appellant. Advocate & Lichtenstein, LLP, New York (Jason Advocate of counsel), for respondent.

Order, Supreme Court, New York County (Marian Lewis, Special Referee), entered May 22, 2009, which, insofar as appealed from as limited by the briefs, awarded defendant 25% of the proceeds of the sale of a house purchased during the marriage and child support retroactive to the date on which custody of the children was transferred to her, unanimously affirmed, without costs.

We see no basis in the record for disturbing the special referee's credibility determination as to plaintiff's testimony that a house purchased during the marriage belonged to his sister ( see Cooper v. Cooper, 52 A.D.3d 429, 430, 862 N.Y.S.2d 32 [2008]; McManus v. McManus, 298 A.D.2d 189, 748 N.Y.S.2d 139 [2002] ). The house was properly treated as marital property subject to equitable distribution ( see Domestic Relations Law § 236[B][1][c]; Seidman v. Seidman, 226 A.D.2d 1011, 1012, 641 N.Y.S.2d 431 [1996] ).

The court properly awarded defendant child support retroactive to the date on which custody of the parties' children was transferred to her ( see Shapiro v. Shapiro, 35 A.D.3d 585, 587, 829 N.Y.S.2d 114 [2006]; Domestic Relations Law § 236[B][7][a] ).

We have considered plaintiff's remaining contentions and find them without merit. ANDRIAS, J.P., SWEENY, MOSKOWITZ, RENWICK, FREEDMAN, JJ., concur.