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SPELBER v. SPELBER

10 A.D.3d 358 (2004)

780 N.Y.S.2d 296

GARY SPELBER, Appellant, v. ELLEN SPELBER, Respondent. (And a Related Action.)

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

Decided August 2, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the particular circumstances of this case, the Supreme Court providently exercised its discretion in directing that the former marital residence be appraised as of March 1, 2002.

However, we do not agree with the wife's argument that the husband's appeal was frivolous warranting the imposition of sanctions (see 22 NYCRR 130-1.1 [c]; Belsky v Belsky,

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