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DIACO v. DIACO

278 A.D.2d 358 (2000)

717 N.Y.S.2d 635

TOMMASO DIACO, Appellant, v. MARIA DIACO, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 18, 2000.

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v Green Constr. Corp., 100 A.D.2d 509); and it is further,

ORDERED that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the defendant's distributive award with respect to the marital residence from $72,250, to $50,667; as so modified...

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