In Matwijczuk v. Matwijczuk (261 AD2d 784 [3d Dept 1999] the Court held that a transfer made in close temporal proximity to the filing of the matrimonial action without fair consideration was improper. The plaintiff in that case transferred the parcels on January 8, 1991, only two weeks prior to the commencement of the matrimonial action on January 22, 1991, and did so in the absence of any demonstrable consideration. Based on those circumstances, the Appellate Division held that "it was incumbent on the [trial] court to consider the transfer as one made in contemplation of the matrimonial action without fair consideration and charge plaintiff accordingly." (Id. at 786.)