Appellate Division of the Supreme Court of New York, 1999

Valade v. Valade

Valade v. Valade
Appellate Division of the Supreme Court of New York · Decided May 7, 1999
261 A.D.2d 881; 689 N.Y.S.2d 593; 1999 N.Y. App. Div. LEXIS 4920
Valade v. Valade

Opinion of the Court

-^-Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court lacked authority to distribute the marital property in this action for separation because such an action does not result in the dissolution of the marriage {see, Domestic Relations Law §§ 200, *882236 [B] [5]). We modify the judgment, therefore, by vacating those decretal paragraphs that distribute the marital property. (Appeal from Judgment of Supreme Court, Oneida County, Tenney, J. — Matrimonial.) Present — Denman, P. J., Green, Pigott, Jr., Scudder and Callahan, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.