SUPREME COURT: COUNTY OF CHAUTAUQUA

______________________________

SANDRA WILCOX

Plaintiff,

vs Index #H-08139

DONALD E. WILCOX

Defendant.

______________________________

RHINEHART, WHITE & STEGER

(Thomas W. White, Esq.

of Counsel) for Plaintiff

WOODS, OVIATT, GILMAN,

STURMAN & CLARKE

(John A. Titus, Esq.

of Counsel) for Defendant

DECISION and ORDER

GERACE, J.

Upon all the testimony, the evidence and the

submissions of counsel, the Court determines as follows:

1. MAINTENANCE: Defendant to pay maintenance of $250

to September 30, 1995 the date of Plaintiff's

remarriage.

2. EQUITABLE DISTRIBUTION:

a. Plaintiff's residence. Defendant is entitled to

$12,000.00 of the appreciated value.

b. Defendant's business and Aerial Views, Inc.

Plaintiff is entitled to $13,000, which

represents 15% of the $98,614.00 appreciated

value of defendant's business, and, 15%. of the

$34,747 appreciated value of Aerial Views, Inc.,

less a 35% marketability discount.

d. The following items are to be distributed on a

50/50 basis.

1. 1987 Rinker Boat and fishing equipment-

$11,000.00.

2. State Street Research SEP - $9,677.79.

3. Oppenheimer Funds SEP $11,271.00.

4. American Heritage SEP $7,146.24.

TOTAL $28,093.03

As for defendant's business and interest in Aerial

Views, Inc., the Court adopts the rationale in the 20th

through the 25th unnumbered pages of Plaintiff's Memorandum

of Law submitted July 24, 1995, and the facts recited in

the 28th and 29th unnumbered pages.

The Court adopts the Defendant's proposed Findings of

Fact numbered I through VIII, XII, XIV, and except as

otherwise provided herein, pages 2, first paragraph page 3,

Point III at page 5,6,7,9, 10, Point III at page 15 and 16,

Point VI at pages 18 and 19, and Point VII at page 20 of

Defendant's Post Trial Statement and Memorandum..

According to the Court's calculations, Plaintiff would

be entitled to $20,500, after subtracting the $12,000

awarded to defendant for his share of the appreciated value

of the marital residence.

As for attorney fees, the Court grants the application

of Plaintiff's counsel, unless defendant's counsel demands

a formal hearing and can establish that his fee to

defendant is less than the amount awarded plaintiff.

Plaintiff's counsel is to prepare final Findings of

Fact and Conclusions of Law consistent with this decision.

THIS IS THE DECISION AND ORDER OF THIS COURT.

Dated: October , 1995

Mayville, New York

____________________________

JOSEPH GERACE

Supreme Court Justice

To all Counsel:

Please take notice that a DECISION and ORDER of

which the within is a copy, is duly granted in the above

entitled action on the day of , 1995, and

duly entered in the office of the Clerk of the County of

Chautauqua on the same date.