CONSTANTINE SPATHIS, plf-res, v. ALINA DULIMOFSPATHIS, def-ap

9413-9414-9414A.CONSTANTINE SPATHIS, plf-res, v. ALINA DULIMOFSPATHIS, def-ap — ALINA DULIMOF, APPELLANT PRO SE. Lawrence H. Bloom, New York, for res — Judgment, Supreme Court, New York County (Marilyn T. Sugarman, Special Referee), entered August 24, 2011, dissolving the parties' marriage and, inter alia, ordering plaintiff to pay pendente lite maintenance arrears of $25,500 over a period of nine months after entry of judgment, awarding plaintiff $49,087.05 as and for a distributive award, to be paid by defendant over 18 months after entry of judgment, and denying counsel fee awards to both parties, unanimously modified, on the law and the facts, to: 1) substitute the sum of $31,750 for the amount of maintenance arrears; 2) substitute the sum of $9,137.23 for the distributive award to plaintiff; 3) order plaintiff to transfer half of his Partsearch shares to defendant, and otherwise affirmed, without costs. Appeal from order, same court and Special Referee, entered May 31, 2011, unanimously dismissed, without costs, as subsumed in the appeal from the judgment. Order, same court and Special Referee, entered April 26, 2012, which denied defendant's posttrial motion, unanimously affirmed, without costs, insofar as it dismissed the motion on procedural grounds.

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9413-9414-9414A.CONSTANTINE SPATHIS, plf-res, v. ALINA DULIMOFSPATHIS, def-ap — ALINA DULIMOF, APPELLANT PRO SE. Lawrence H. Bloom, New York, for res — Judgment, Supreme Court, New York County (Marilyn T. Sugarman, Special Referee), entered August 24, 2011, dissolving the parties’ marriage and, inter alia, ordering plaintiff to pay pendente lite maintenance arrears of $25,500 over a period of nine months after entry of judgment, awarding plaintiff $49,087.05 as and for a distributive award, to be paid by defendant over 18 months after entry of judgment, and denying counsel fee awards to both parties, unanimously modified, on the law and the facts, to: 1) substitute the sum of $31,750 for the amount of maintenance arrears; 2) substitute the sum of $9,137.23 for the distributive award to plaintiff; 3) order plaintiff to transfer half of his Partsearch shares to defendant, and otherwise affirmed, without costs. Appeal from order, same court and Special Referee, entered May 31, 2011, unanimously dismissed, without costs, as subsumed in the appeal from the judgment. Order, same court and Special Referee, entered April 26, 2012, which denied defendant’s posttrial motion, unanimously affirmed, without costs, insofar as it dismissed the motion on procedural grounds.

The court correctly determined that defendant was responsible for a portion of plaintiff’s tax liability incurred during the marriage (see Capasso v. Capasso, 129 AD2d 267 [1st Dept 1987], lv denied, dismissed 70 NY2d 988 [1988]). The court also providently exercised its discretion in finding that plaintiff’s payments for his mother’s care and for the mortgage on his mother’s house were not a waste of marital assets (see Mahoney-Buntzman v. Buntzman, 12 NY3d 415, 420-421 [2009]; Azizo v. Azizo, 51 AD3d 438 [1st Dept 2008]).

CONSTANTINE SPATHIS, plf-res, v. ALINA DULIMOFSPATHIS, def-ap

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