Venezia v. Venezia

Order unanimously modified on the law to grant the petition in accordance with memorandum herein and as modified affirmed with costs to petitioner. Memorandum: We reject the Commissioner’s position that petitioner be required to exhaust her savings, including equity in the marital home, before she is eligible for spousal support (see, Matter of Nester v Nester, 135 AD2d 878). The Commissioner argues that petitioner transferred the marital home to her children without consideration in an attempt to place on the public fisc the burden of support for both petitioner and respondent. The transfer…