Appellate Division of the Supreme Court of the State of New York January 6, 2011 (Coloney v. Coloney)

Egan Jr., J.

Appeal from a judgment of the Supreme Court (Sise, J.), entered May 7, 2010 in Fulton County, which divided the proceeds from the sale of the marital home.

Plaintiff and defendant were married in June 1972. In 1989, the parties entered into a written separation agreement which, as relevant here, provided that defendant was to have sole possession of the former marital residence.