Court tells doc he can't have his kidney back

MINEOLA, N.Y. -- A court has rejected a New York surgeon's claim that he should get $1.5 million in his divorce settlement because he donated a kidney to his wife.

Dr. Richard Batista has said he's entitled to the kidney compensation because Dawnell Batista was denying him visits with their three children.

In a ruling Tuesday, matrimonial referee Jeffrey Grob says the kidney was a gift. It was donated in 2001, during happier times in the marriage.

Grob says a wide range of items are considered marital property -- but donated organs would not be among them.

The doctor's attorney, Dominic Barbara, says he considers the ruling a victory for his client because the donation will be considered as a factor in the overall distribution of marital assets.