D'Elia v. D'Elia
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*478In an action for a divorce and ancillary relief, the defendant appeals, as limited by her brief, from stated portions of a judgment of the Supreme Court, Queens County (Gartenstein, J.H.O.), dated December 10, 2002, which, inter alia, after a nonjury trial, and after a decision of the same court dated September 17, 2002, finding that the marital residence is the sole separate property of the plaintiff, awarded exclusive use and occupancy of the marital residence to the plaintiff.
Ordered that the judgment is modified, on the law, by deleting the second decretal paragraph thereof and…
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