Aquino v. Aquino

Appellate Division of the Supreme Court of New York

Aquino v. Aquino

49 A.D.2d 1013, 374 N.Y.S.2d 65, 1975 N.Y. App. Div. LEXIS 11365

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 24, 1975

StatusPublished

Cited by4 cases

This text of 49 A.D.2d 1013 (Aquino v. Aquino) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aquino v. Aquino, 49 A.D.2d 1013, 374 N.Y.S.2d 65, 1975 N.Y. App. Div. LEXIS 11365 (N.Y. Ct. App. 1975).

Pincite

Opinion

Order unanimously affirmed, with costs. Memorandum: Not only did plaintiff waive the right to assert section 236 of the Domestic Relations Law prohibiting alimony to a wife where the divorce was obtained upon the grounds of her misconduct, but having not appealed from the award of alimony, plaintiff cannot now relitigate the legality of such award. Plaintiff’s contention that defendant was living with another man and holding herself out as his wife within the meaning of section 248 of the Domestic Relations Law was not established on the record. In view of the changed circumstances of the plaintiff the reduction in alimony payments ordered from $45 per week to $40 per week was proper. (Appeal from order of Erie Supreme Court modifying divorce decree.) Present—Marsh, P. J., Moule, Cardamone, Simons and Del Vecchio, JJ.

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Order unanimously affirmed, with costs. Memorandum: Not only did plaintiff waive the right to assert section 236 of the Domestic Relations Law prohibiting alimony to a wife where the divorce was obtained upon the grounds of her misconduct, but having not appealed from the award of alimony, plaintiff cannot now relitigate the legality of such award. Plaintiff’s contention that defendant was living with another man and holding herself out as his wife within the meaning of section 248 of the Domestic Relations Law was not established on the record. In view of the changed circumstances of the plaintiff the reduction in alimony payments ordered from $45 per week to $40 per week was proper. (Appeal from order of Erie Supreme Court modifying divorce decree.) Present—Marsh, P. J., Moule, Cardamone, Simons and Del Vecchio, JJ.

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Bluebook (online)

49 A.D.2d 1013, 374 N.Y.S.2d 65, 1975 N.Y. App. Div. LEXIS 11365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aquino-v-aquino-nyappdiv-1975.

Opinion

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