In re Ferlita

New York Supreme Court

In re Ferlita

65 Misc. 2d 577, 318 N.Y.S.2d 406, 1971 N.Y. Misc. LEXIS 1860

DecidedFebruary 10, 1971

StatusPublished

This text of 65 Misc. 2d 577 (In re Ferlita) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Ferlita, 65 Misc. 2d 577, 318 N.Y.S.2d 406, 1971 N.Y. Misc. LEXIS 1860 (N.Y. Super. Ct. 1971).

Pincite

Opinion

John W. Sweeny, J.

Application has been made to the court for leave to file a separation agreement mmc pro tunc as of October 24,1968.

The affidavits before the court indicate that a separation agreement duly acknowledged was entered into between applicant and his wife on October 21, 1968.

Both parties understood that the agreement was to be filed pursuant to section 170 of the Domestic Relations Law by their respective attorneys but neither attorney attended to this matter. A letter is submitted in behalf of applicant’s wife stating that she would have no objections to such an order.

Although authority for such a directive is scarce, the court in Matter of Leslie (Goodman), N. Y. L. J., Aug. 25, 1970, p. 2, col. 2 allowed a similar application where it appeared that neither party would be prejudiced by the late filing of the agreement.

Finding no such prejudice in the instant ease and in light of the purposes and spirit of section 170 of the Domestic Relations Law, the application is hereby granted.

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