| Chusid v Silvera |
| 2013 NY Slip Op 06334 [110 AD3d 659] |
| October 2, 2013 |
| Appellate Division, Second Department |
| Rebecca Chusid, Respondent, v Daniel Silvera,Appellant. (And Another Action.) |
—[*1] Schlissel Ostrow Karabatos, PLLC, Garden City, N.Y. (Lisa R. Schoenfeld, StephenW. Schlissel, and Robert Johnson of counsel), for respondent.
In an action for a divorce and ancillary relief, the defendant appeals, as limited by hisbrief, from so much of an order of the Supreme Court, Nassau County (Janowitz, J.),dated April 3, 2012, as, after a hearing, denied that branch of his motion which was tochange venue of the action from Nassau County to New York County.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied that branch of the defendant's motion which wasto change venue of the action from Nassau County to New York County. The resolutionof credibility issues by the hearing court is entitled to deference on appeal, and will beupheld if supported by the evidence in the record (see generally Shaw Funding, L.P. v Samuel, 101 AD3d1100 [2012]; Gass vGass, 42 AD3d 393 [2007]; Ahrens v Chisena, 40 AD3d 787, 788 [2007]; Lattingtown Harbor Prop. OwnersAssn., Inc. v Agostino, 34 AD3d 536, 538 [2006]). The record in this casesupports the court's conclusion that the plaintiff maintained a residence in Nassau Countyin addition to the parties' marital residence in New York County during the parties' shortmarriage (see CPLR 503 [a]; Morreale v 105 Page Homeowners Assn., Inc., 64 AD3d689, 690 [2009]; Bennett vBennett, 49 AD3d 949, 949-950 [2008]; Bradley v Plaisted, 277 AppDiv 620, 621-622 [2000]; Jones-Ledbetter v Biltmore Auto Sales, 229 AD2d518, 519 [1996]; Mandelbaum v Mandelbaum, 151 AD2d 727, 728 [1989]).
The defendant's remaining contentions, raised for the first time on appeal, are notproperly before this Court (seeProvident Bank v Giannasca, 55 AD3d 812 [2008]). Rivera, J.P., Balkin,Leventhal and Cohen, JJ., concur.