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SCOPELLITI v. SCOPELLITI

Nos. 2010-05734, 2011-01082

90 A.D.3d 1016 (2011)

934 N.Y.S.2d 849

2011 NY Slip Op 9616

JOSEPH C. SCOPELLITI, Appellant, v. MARIA C. SCOPELLITI, Respondent.

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

Decided December 27, 2011.

Ordered that the judgment and the order are affirmed insofar as appealed from, with one bill of costs.

The plaintiff failed to meet his burden of proving that the marital residence was his separate property (see Frey v Frey, 68 A.D.3d 1052, 1053 [2009]; Embury v Embury, 49 A.D.3d 802, 804 [2008]). Moreover, the Supreme Court's imputation of income to the plaintiff was proper (

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