MacCasland v. Mandara

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court’s distribution of the net proceeds from the sale of the parties’ jointly owned residence is not supported by the stipulated facts submitted by the parties or by the record as a whole (cf., Niemira v Dean, 245 AD2d 1068, 1069; Matter of Bogert v Rickard, 199 AD2d 587, 588). We conclude that each party is entitled to a proportionate share of the sale proceeds. After subtracting the amount necessary to pay off the mortgage, $68,774.02, and the closing costs,…