Wittman v. Wittman

Full title: JOHN WITTMAN, PLAINTIFF-APPELLANT, v. MARTHA WITTMAN, DEFENDANT-RESPONDENT

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 7, 2003

302 A.D.2d 914 (N.Y. App. Div. 2003)

753 N.Y.S.2d 913

Opinion

CA 02-01900

February 7, 2003.

Appeal from a judgment of Supreme Court, Cattaraugus County (Nenno, J.), entered October 30, 2001, which, inter alia, distributed a 13-acre parcel of land in its equitable distribution of marital property.

BOUVIER, O'CONNOR, LLP, BUFFALO (EMILIO COLAIACOVO OF COUNSEL), FOR PLAINTIFF-APPELLANT.

PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, SCUDDER, AND LAWTON, JJ.

MEMORANDUM AND ORDER

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

Memorandum:

Plaintiff contends for the first time on appeal that Supreme Court erred in distributing a 13-acre parcel of land in its equitable distribution of marital property because plaintiff does not own that parcel, and thus plaintiff's contention is not properly before us (see Ciesinski v. Town of Aurora, 202 A.D.2d 984, 985). In any event, we conclude that plaintiff waived his contention by his stipulation at trial to include the parcel in the court's distribution of marital property.