Valade v. Valade

Appellate Division of the Supreme Court of New York

Valade v. Valade

261 A.D.2d 881, 689 N.Y.S.2d 593, 1999 N.Y. App. Div. LEXIS 4920

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

DecidedMay 7, 1999

StatusPublished

This text of 261 A.D.2d 881 (Valade v. Valade) 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

Valade v. Valade, 261 A.D.2d 881, 689 N.Y.S.2d 593, 1999 N.Y. App. Div. LEXIS 4920 (N.Y. Ct. App. 1999).

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Opinion

-^-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, [882]*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.

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-^-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, [882]*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.

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Bluebook (online)

261 A.D.2d 881, 689 N.Y.S.2d 593, 1999 N.Y. App. Div. LEXIS 4920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valade-v-valade-nyappdiv-1999.

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