SUPREME COURT: COUNTY OF CHAUTAUQUA
vs Index #H-08139
DONALD E. WILCOX
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
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
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
1. 1987 Rinker Boat and fishing equipment-
2. State Street Research SEP - $9,677.79.
3. Oppenheimer Funds SEP $11,271.00.
4. American Heritage SEP $7,146.24.
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
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.