In re Wieczorek

Balletta, J. P.,

dissents and votes to reverse the order, on the law, and to deny the petitioner’s application, with the following memorandum: I respectfully disagree with the majority’s conclusion that the petitioner has established her entitlement to the imposition of a constructive trust in her favor. I would, therefore, reverse and deny the petitioner’s application.

The majority’s decision has set forth the general requirements that must be established before a constructive trust will be imposed (see, Sharp v Kosmalski, 40 NY2d 119, 121), and I will not repeat them here except to add the…