AMY MARGOLIS, ap, v. ALAN COHEN, res — (INDEX NO. 203365/06)Appeal by the plaintiff from a judgment of divorce of the Supreme Court, Nassau County (Hope Schwartz Zimmerman, J.), entered January 30, 2015. The judgment, insofar as appealed from, upon a decision of that court dated February 15, 2013, made after a nonjury trial, and upon an order of that court dated September 3, 2013, in effect, directed the defendant to distribute to the plaintiff only those accounts or investments set forth in the parties’ stipulation of settlement dated May 27, 2010, that existed on the date of trial that had not yet been distributed, awarded no maintenance to the plaintiff, directed the defendant to pay child support in the sum of only $475.38 per week, and declined to award the plaintiff an attorney’s fee.
ORDERED that the judgment is modified, on the law, on the facts, and in the exercise of discretion, (1) by deleting the provision thereof, in effect, directing the defendant to distribute to the plaintiff only those accounts or investments set forth in the parties’ stipulation of settlement dated May 27, 2010, that existed on the date of trial that had not yet been distributed, and substituting therefor a provision directing the defendant to distribute to the plaintiff those accounts or investments set forth in the parties’ stipulation of settlement dated May 27, 2010, that have not yet been distributed, (2) by deleting the provision thereof directing the defendant to pay child support in the sum of $475.38 per week, and substituting therefor a provision directing the defendant to pay child support in the sum of $491.86 per week, and (3) adding a provision thereto awarding the plaintiff an attorney’s fee in the sum of $10,000; as so modified, the judgment is affirmed insofar as appealed from, with costs to the plaintiff, and the matter is remitted to the Supreme Court, Nassau County, for a determination of the amount the plaintiff is entitled to receive in accordance with article IV of the parties’ stipulation of settlement dated May 27, 2010, plus an award of pre-decision interest pursuant to CPLR 5001 computed at the rate of 4 percent in accordance herewith, and for the entry of an appropriate amended judgment thereafter.
