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In an action for divorce and ancillary relief, the defendant appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Queens County (Dunkin, J.), dated December 17, 1991, as, after a nonjury trial, granted the plaintiff a divorce on the ground of constructive abandonment.
Ordered that the judgment is affirmed insofar as appealed from, with costs.
The trial court’s determination that the plaintiff proved his entitlement to a divorce on the ground of constructive abandonment (see, Domestic Relations Law § 170 [2]; Diemer v Diemer, 8 NY2d 206 ), was based upon its evaluation of the credibility of the parties. We see no reason to disturb that evaluation on appeal (Caso v Caso, 161 AD2d 683 ; Raso v Raso, 129 AD2d 692 ).
The defendant’s remaining contention is unpreserved for appellate review. Mangano, P. J., Altman, Hart and Florio, JJ., concur.
Cases cited
- Diemer v. Diemer 8 NY2d 206 p. 736
- Caso v. Caso 161 AD2d 683 p. 736
- Raso v. Raso 129 AD2d 692 p. 736