GAFYCZ v. GAFYCZ (App Div, 2nd Dep’t)

The defendant appealed a decision of the Supreme Court which awarded the plaintiff a 25% interest in properties located in Port Jervis.  The defendant had testified that he and his father purchased the properties in question during the marriage and his father later deeded his interest in the properties to the defendant.  Although defendant claims that he purchased his half-interest in the properties using separate property, the Appellate Court reaffirmed the Supreme Court’s finding that the defendant failed to substantiate his claim of separate property.  Accordingly, it was proper to divide defendant’s half-share in the properties equally between the parties.