Fedoff v Fedoff

2007 NY Slip Op 04694

Decided on June 5, 2007

Appellate Division, First Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 5, 2007
Tom, J.P., Mazzarelli, Andrias, Williams, McGuire, JJ.
1238
Index 314185/03






Boris Winthrop Fedoff, appellant pro se.
Hogan & Hartson LLP, New York (A. Cristina PÉ;rez-Labiosa
of counsel), for respondent.

Order, Supreme Court, New York County (Laura E. Drager, J.), entered April 6, 2006, which denied defendant's motion for a declaration that the parties' marital residence, a rent stabilized apartment, is subject to equitable distribution, and seeking leave to have it appraised, unanimously affirmed, without costs.

Where, as here, there is no expectation that a rental apartment will be converted into a condominium or cooperative, it is not distributable property (Pulitzer v Pulitzer, 134 AD2d 84, 88-89 [1988]), and therefore need not be appraised. We have considered defendant's other arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 5, 2007

CLERK