Roberson v. Roberson

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered November 13, 2006. The order adjudged that any outstanding sums owed to plaintiff by defendant be given priority and paid after the satisfaction of any fees and expenses associated with the sale of defendant’s business and thereafter any capital gains tax may be satisfied.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Defendant contends in this post-matrimonial matter that, pursuant to CPLR 5234 (a) and 5236 (g), capital gains…