Spelber v Spelber
2004 NY Slip Op 06278 [10 AD3d 358]
August 2, 2004
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 6, 2004


Gary Spelber, Appellant,
v
Ellen Spelber, Respondent. (And a Related Action.)

[*1]In an action for a divorce and ancillary relief, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (La Marca, J.), dated June 25, 2003, as directed that the former marital premises be appraised as of March 1, 2002, and that such appraisal be the basis for the computation of the amount to be paid by the defendant for the purchase of the plaintiff's interest in the premises.

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the particular circumstances of this case, the Supreme Court providently exercised its discretion in directing that the former marital residence be appraised as of March 1, 2002.

However, we do not agree with the wife's argument that the husband's appeal was frivolous warranting the imposition of sanctions (see 22 NYCRR 130-1.1 [c]; Belsky v Belsky, 175 AD2d 900 [1991]). Prudenti, P.J., Ritter, Altman and Cozier, JJ., concur.