Appeal from a judgment of the Supreme Court (Rose, J.) ordering, inter alia, equitable distribution of the parties’ marital property, entered July 9, 1990 in Tioga County, upon a decision of the court.
The 18-year marriage of these parties produced five sons whose ages ranged from 8 to 19 at the time this divorce action was commenced. After a bifurcated trial, Supreme Court granted plaintiff a divorce on the ground of cruel and inhuman treatment. The judgment included equitable distribution of marital assets, a provision for child support and maintenance. The issues on this appeal by defendant focus upon distribution of the marital assets, plaintiff’s alleged dissipation of $8,000 and an award of counsel fees to plaintiff.
Supreme Court credited defendant with $12,000, representing his equity in the premarital purchase of the home, and $4,139 as the premarital cash value of a life insurance policy. He contends that the home is "hybrid property” (see, Jolis v Jolis,
Defendant also has challenged the propriety of the distribu
The remaining contentions do not require extensive discussion. Defendant failed to prove that plaintiff dissipated some $8,000 she had during the marriage. Rather, her use of the funds for clothing, vacations for the children, a retainer to her attorney and other everyday expenses was sufficient. Finally, it does not appear that the award of $4,000 to plaintiff for counsel fees and expenses was an abuse of either the power or discretion of Supreme Court under Domestic Relations Law § 237 (a) (see, DeCabrera v Cabrera-Rosete,
Casey, J. P., Mikoll, Yesawich Jr. and Levine, JJ., concur. Ordered that the judgment is affirmed, with costs.
