SINHA v. SINHA

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Supreme Court, Appellate Division, First Department, New York.

Vijaya Lakshmi SINHA, Plaintiff-Respondent, v. Rajesh K. SINHA, Defendant-Appellant.

Decided: March 29, 2007

ANDRIAS, J.P., FRIEDMAN, BUCKLEY, SWEENY, CATTERSON, JJ. Rajesh K. Sinha, appellant pro se. Kliegerman & Joseph, LLP, New York (Michael P. Joseph of counsel), for respondent.

Judgment, Supreme Court, New York County (Sue Ann Hoahng, Special Referee), as amended after remand and hearing, and entered July 21, 2006, reducing plaintiff's distributive award from $1 million to $771,423, unanimously affirmed, without costs.

The original 2005 judgment in this divorce action was modified and remanded for recalculation of the dissipation of non-hedge-fund marital assets by defendant with respect to earnings after commencement of this action, which do not constitute marital property;  the payments for basic living expenses, court-appointed accountant and divorce lawyers;  and decline in the stock market (17 A.D.3d 131, 793 N.Y.S.2d 347).   All other aspects of the original judgment were affirmed. The Referee followed the direction of the remand order in making this recalculation, and the amended award was proper, equitable and within the discretion of the trial court (see Coburn v. Coburn, 300 A.D.2d 212, 752 N.Y.S.2d 319 [2002];  Goldberg v. Goldberg, 172 A.D.2d 316, 568 N.Y.S.2d 394 [1991], lv. dismissed 78 N.Y.2d 1124, 578 N.Y.S.2d 880, 586 N.E.2d 63 [1991] ).

We have considered defendant's remaining arguments and find them without merit.