Marschean v. Marschean

Appellate Division of the Supreme Court of New York

Marschean v. Marschean

39 A.D.2d 543, 332 N.Y.S.2d 374, 1972 N.Y. App. Div. LEXIS 5035

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

DecidedApril 3, 1972

StatusPublished

This text of 39 A.D.2d 543 (Marschean v. Marschean) 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

Marschean v. Marschean, 39 A.D.2d 543, 332 N.Y.S.2d 374, 1972 N.Y. App. Div. LEXIS 5035 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a support proceeding, the appeal, as limited by appellant’s brief, is from so much of an order of the Family Court, Suffolk County, dated November 15, 1971, as denied his application to modify a prior order of said court, dated July 24, 1970, so as to eliminate support for respondent. Order affirmed insofar as appealed from, without costs. No opinion. Latham, Acting P. J., Gulotta, Brennan and Benjamin, JJ., concur; Shapiro, J., dissents and votes to reverse the order insofar as appealed from and to grant a new trial, with the following memorandum: I would grant appellant’s motion to modify the order of July 24, 1970 so as to delete the award of support for respondent and permit the issue of the marriage of the parties to be determined on the merits.

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In a support proceeding, the appeal, as limited by appellant’s brief, is from so much of an order of the Family Court, Suffolk County, dated November 15, 1971, as denied his application to modify a prior order of said court, dated July 24, 1970, so as to eliminate support for respondent. Order affirmed insofar as appealed from, without costs. No opinion. Latham, Acting P. J., Gulotta, Brennan and Benjamin, JJ., concur; Shapiro, J., dissents and votes to reverse the order insofar as appealed from and to grant a new trial, with the following memorandum: I would grant appellant’s motion to modify the order of July 24, 1970 so as to delete the award of support for respondent and permit the issue of the marriage of the parties to be determined on the merits.

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Bluebook (online)

39 A.D.2d 543, 332 N.Y.S.2d 374, 1972 N.Y. App. Div. LEXIS 5035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marschean-v-marschean-nyappdiv-1972.