Blizniak v. Blizniak

Appellate Division of the Supreme Court of New York

Blizniak v. Blizniak

73 A.D.2d 1050, 425 N.Y.S.2d 421, 1980 N.Y. App. Div. LEXIS 10011

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

DecidedJanuary 24, 1980

StatusPublished

Cited by2 cases

This text of 73 A.D.2d 1050 (Blizniak v. Blizniak) 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

Blizniak v. Blizniak, 73 A.D.2d 1050, 425 N.Y.S.2d 421, 1980 N.Y. App. Div. LEXIS 10011 (N.Y. Ct. App. 1980).

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Opinion

Order unanimously affirmed, without costs. Memorandum: Inasmuch as the Nevada divorce decree contained no provision for alimony, Family Court was without power to modify it to include an award of alimony (Matter of Silver v Silver, 36 NY2d 324; see, also, Beaverson v Beaverson, 72 AD2d 963). Our affirmance is without prejudice, however, to plaintiff bringing an action for a separation or divorce in which she seeks an award of alimony (see Domestic Relations Law, § 236). The prior finding that the Nevada decree is binding on the plaintiff insofar as it determines marital status would not preclude such action (see Janowski v Janowski, 58 AD2d 980). (Appeal from order of Erie County Family Court—alimony.) Present—Simons, J. P., Hancock, Jr., Schnepp, Callahan and Witmer, JJ.

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Order unanimously affirmed, without costs. Memorandum: Inasmuch as the Nevada divorce decree contained no provision for alimony, Family Court was without power to modify it to include an award of alimony (Matter of Silver v Silver, 36 NY2d 324; see, also, Beaverson v Beaverson, 72 AD2d 963). Our affirmance is without prejudice, however, to plaintiff bringing an action for a separation or divorce in which she seeks an award of alimony (see Domestic Relations Law, § 236). The prior finding that the Nevada decree is binding on the plaintiff insofar as it determines marital status would not preclude such action (see Janowski v Janowski, 58 AD2d 980). (Appeal from order of Erie County Family Court—alimony.) Present—Simons, J. P., Hancock, Jr., Schnepp, Callahan and Witmer, JJ.

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Bluebook (online)

73 A.D.2d 1050, 425 N.Y.S.2d 421, 1980 N.Y. App. Div. LEXIS 10011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blizniak-v-blizniak-nyappdiv-1980.

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