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FINKELSTEIN v. FINKELSTEIN

268 A.D.2d 273 (2000)

701 N.Y.S.2d 52

ELLEN FINKELSTEIN, Respondent, v. BARRY FINKELSTEIN, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 13, 2000.

The record supports the trial court's determination that the appreciation in defendant's IRA and "Aberdeen Account" was passive in nature, and that the valuation of these assets should therefore be made as of the time of trial (see, Greenwald v Greenwald, 164 A.D.2d 706, 716, lv denied 78 N.Y.2d 855). Furthermore, the IRA was properly valued as of mid-trial, in November 1997, rather than as of the commencement of trial, in...

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