Whaley v. Whaley

Appellate Division of the Supreme Court of New York

Whaley v. Whaley

277 A.D.2d 1025, 716 N.Y.S.2d 227, 2000 N.Y. App. Div. LEXIS 11420

Appellate Division of the Supreme Court of the State of New York·Decided November 13, 2000·Published·Cited by 1 cases

Opinion

—Judgment unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in granting plaintiff a divorce on the ground of cruel and inhuman treatment (see, Domestic Relations Law § 170 [1]; Stricos v Stricos, 263 AD2d 659, 661). The record supports [1026]*1026the court’s findings that defendant physically barred plaintiff from entering the parties’ home; that there were arguments and threats throughout the two-year marriage; and that “[plaintiff] suffered harassment, embarrassment, stress [and] anxiety.” “In view of the short duration of the marriage, the verbal abuse, both public and private, and [the] * * * harassment of the husband by the wife, cruel and inhuman treatment was proven” (Soto v Soto, 216 AD2d 455, 456; cf., Matthews v Matthews, 238 AD2d 926, 926-927). (Appeal from Judgment of Supreme Court, Monroe County, Calvaruso, J. — Matrimonial.) Present — Pigott, Jr., P. J., Green, Hurlbutt, Scudder and Balio, JJ.

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—Judgment unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in granting plaintiff a divorce on the ground of cruel and inhuman treatment (see, Domestic Relations Law § 170 [1]; Stricos v Stricos, 263 AD2d 659, 661). The record supports [1026]*1026the court’s findings that defendant physically barred plaintiff from entering the parties’ home; that there were arguments and threats throughout the two-year marriage; and that “[plaintiff] suffered harassment, embarrassment, stress [and] anxiety.” “In view of the short duration of the marriage, the verbal abuse, both public and private, and [the] * * * harassment of the husband by the wife, cruel and inhuman treatment was proven” (Soto v Soto, 216 AD2d 455, 456; cf., Matthews v Matthews, 238 AD2d 926, 926-927). (Appeal from Judgment of Supreme Court, Monroe County, Calvaruso, J. — Matrimonial.) Present — Pigott, Jr., P. J., Green, Hurlbutt, Scudder and Balio, JJ.

Whaley v. Whaley, 277 A.D.2d 1025, 716 N.Y.S.2d 227, 2000 N.Y. App. Div. LEXIS 11420 (N.Y. Ct. App. 2000).

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