LaFemina v LaFemina
2008 NY Slip Op 10134 [57 AD3d 856]
December 23, 2008
Appellate Division, Second Department
As corrected through Wednesday, February 11, 2009


John LaFemina, Respondent,
v
Maria LaFemina,Appellant.

[*1]Maria E. LaFemina, sued herein as Maria LaFemina, Shirley, N.Y., appellant pro se.

Reynolds, Caronia, Gianell, Hagney & La Pinta, LLP, Hauppauge, N.Y. (James F. Hagney ofcounsel), for respondent.

In a matrimonial action in which the parties were divorced by judgment entered May 15, 2007, thedefendant appeals, as limited by her brief, from (1) so much of an order of the Supreme Court, SuffolkCounty (Rebolini, J.), dated May 23, 2007, as denied those branches of her motions which were, ineffect, pursuant to CPLR 4404 (b) to set aside stated portions of a decision dated December 22,2006, made after an inquest, and (2) stated portions of an order of the same court dated September10, 2007, which, inter alia, denied those branches of her separate motion which were, in effect, tovacate portions of a judgment of divorce dated May 15, 2007, among other things, upon the decision,awarding the marital residence to the plaintiff as his separate property.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

The defendant offered no basis upon which to set aside the court's determination that, pursuant tothe prenuptial agreement, the marital residence was the plaintiff's separate property.

The defendant's remaining contentions were improperly raised for the first time in her reply brief(see Gorman v Town of Huntington, 47AD3d 30, 39 [2007]). Skelos, J.P., Lifson, Santucci and Balkin, JJ., concur.


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