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Garcia v. Garcia

Appellate Division of the Supreme Court of New York, Third Department
Dec 5, 1991
178 A.D.2d 683 (N.Y. App. Div. 1991)

Opinion

December 5, 1991

Appeal from the Supreme Court, Schenectady County (Lynch, J.).


While defendant filed a timely notice of appeal from the judgment of divorce, this court has recently noted that "[i]n the absence of a final judgment awarding equitable distribution, a finding of divorce is not effective" (Sullivan v Sullivan, 174 A.D.2d 862). Therefore, because Supreme Court's judgment only granted plaintiff a divorce but failed to make an award of equitable distribution, the judgment appealed from was nonbinding, nonfinal and without legal effect (see, supra; see also, Domestic Relations Law § 236 [B] [5] [a]); the appeal therefrom must accordingly be dismissed.

Mahoney, P.J., Casey, Weiss, Levine and Harvey, JJ., concur. Ordered that the appeal is dismissed, without costs.


Summaries of

Garcia v. Garcia

Appellate Division of the Supreme Court of New York, Third Department
Dec 5, 1991
178 A.D.2d 683 (N.Y. App. Div. 1991)
Case details for

Garcia v. Garcia

Case Details

Full title:LINDA L. GARCIA, Respondent, v. JULIAN GARCIA, Appellant

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 5, 1991

Citations

178 A.D.2d 683 (N.Y. App. Div. 1991)
577 N.Y.S.2d 156

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