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TIMOTHY EDWARD KLEIN, ETC., res, v. EILEEN T. DOOLEY, ap — (INDEX NO. 27426/08)In an action, inter alia, to partition real property, the defendant appeals from an interlocutory judgment of the Supreme Court, Suffolk County (Pitts, J.), dated October 18, 2012, which, upon an order dated April 26, 2012, granting the plaintiff’s motion to confirm a referee’s report dated October 18, 2011, and denying her cross motion to reject the report, directed the sale of the subject property and distribution of the proceeds of the sale in accordance with the referee’s recommendations.

ORDERED that the interlocutory judgment is modified, on the law and the facts, by (1) deleting the provision thereof directing the distribution of proceeds to the plaintiff from the sale of the subject premises in the sum of $35,897.27, representing the reduction of the principal amount of the mortgage on the premises since the decedent’s death, and (2) adding a provision thereto directing that the defendant is entitled to a credit for one-half of the payments made by her subsequent to the decedent’s death until the sale of the subject premises for maintenance, upkeep, and repair of the premises, including payments made toward the mortgage, insurance, and property taxes; as so modified, the interlocutory judgment is affirmed, with costs to the defendant, the order dated April 26, 2012, is modified accordingly, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings in accordance herewith.

 
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