Fedoff v Fedoff

Fedoff v Fedoff 2007 NY Slip Op 04694 [41 AD3d 114] Decided on June 5, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. 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

[*1]Galina Panova Fedoff, Plaintiff-Respondent,

v

Boris Winthrop Fedoff, Defendant-Appellant.




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