Jaikaran v Marin
2005 NY Slip Op 06775 [21 AD3d 991]
September 19, 2005
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 16, 2005


Mohani Jaikaran, Appellant,
v
Abraham Marin, Also Known as Jack Marin, Also Known as Andrew Marin, Respondent.

[*1]In an action for a divorce and ancillary relief, the plaintiff appeals from (1) a decision of the Supreme Court, Kings County (Amrosio, J.), dated September 24, 2003, made after a nonjury trial, and (2) a judgment of the same court dated November 13, 2003, which, upon the decision, dismissed the complaint.

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509 [1984]); and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that one bill of costs is awarded to the defendant.

A determination rendered by a court after a nonjury trial should not be disturbed on appeal "unless it is clear that its conclusions could not have been reached under any fair interpretation of the evidence" (Ardmar Realty Co. v Building Inspector of Vil. of Tuckahoe, 5 AD3d 517, 518 [2004]). The trial court's determination was supported by a fair interpretation of the evidence. [*2]

The plaintiff's remaining contentions are without merit. Schmidt, J.P., S. Miller, Santucci and Skelos, JJ., concur.