| Gilkarov v Gilkarov |
| 2012 NY Slip Op 00297 [91 AD3d 521] |
| January 19, 2012 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| David Gilkarov, Appellant, v Rachel Gilkarov, Respondent. |
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Advocate & Lichtenstein, LLP, New York (Jason Advocate of counsel), for
respondent.
Order, Supreme Court, New York County (Marian Lewis, Special Ref.), 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 AD3d 429, 430 [2008]; McManus v McManus, 298 AD2d 189 [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 AD2d 1011, 1012�[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 AD3d 585, 587 [2006]; Domestic Relations Law § 236 [B] [7] [a]).
We have considered plaintiff's remaining contentions and find them without merit. Concur—Andrias, J.P., Sweeny, Moskowitz, Renwick and Freedman, JJ.