Kalinich v. Kalinich

Jun 27, 1994
Versions:205 A.D.2d 736
614 N.Y.S.2d 907
1994 N.Y. App. Div. LEXIS 6618

In an action for divorce and ancillary relief, the defendant appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Queens County (Dunkin, J.), dated December 17, 1991, as, after a nonjury trial, granted the plaintiff a divorce on the ground of constructive abandonment.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The trial court’s determination that the plaintiff proved his entitlement to a divorce on the ground of constructive abandonment (see, Domestic Relations Law § 170 [2]; Diemer v Diemer, 8 NY2d 206), was based upon its evaluation of the credibility of the parties. We see no reason to disturb that evaluation on appeal (Caso v Caso, 161 AD2d 683; Raso v Raso, 129 AD2d 692).

The defendant’s remaining contention is unpreserved for appellate review. Mangano, P. J., Altman, Hart and Florio, JJ., concur.