Poliero v. Centanaro, 2009 U.S.Dist. Lexis 83665; 2009 U.S. Dist. Lexis 82764; 2009 NY Slip Op 51992U, 2009 Lexis 2707
After trial in a Federal Hague Convention action, the U.S.D.C. affirmed the Report and Recommendation of the U.S. Magistrate, holding that the four children at issue were "habitual residents" of Italy, and that they be returned to their country of origin, in spite of the fact that the parties had agreed to reside in NYC with their children for two successive school years.
In a companion case, the NYS Supreme Court dismissed the Wife's divorce action, finding that neither party was a NY "resident" under NY law.
Hougie v. Hougie, 261 A.D. 2d 161, 689 N.Y.S. 2d 490 (1st Dept. 1999)
In a landmark decision, the Appellate Court held that a spouse''s enhanced earnings as an investment banker, acquired from skills earned during the marriage without a license or degree, constituted a marital asset to be distributed upon a divorce.
Lobatto v. Lobatto, 109 A.D. 2d 687, 487, N.Y.S. 2d 326 (1st. Dept 1985)
In one of the earliest cases decided after the passage of the Equitable Distribution Law in NY, the Appellate Court held that the proponent of separate property claims had the legal burden of proof, and was compelled to provide evidentiary proof of such separate property claims in discovery.