Kester v. Kester

Full title: CYNTHIA A. KESTER, Respondent, v. JOSEPH KESTER, Appellant

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

Date published: Jan 29, 1987

126 A.D.2d 928 (N.Y. App. Div. 1987)

Opinion

January 29, 1987

Appeal from the Supreme Court, Broome County (Fischer, J.).

Kane, J.

Contrary to defendant's assertion, the record fully supports Trial Term's factual findings and, accordingly, Trial Term properly determined that plaintiff was entitled to a divorce on the ground of abandonment (Domestic Relations Law § 170; see, Diemer v. Diemer, 8 N.Y.2d 206; Benarroch v. Benarroch, 55 A.D.2d 943). The judgment should therefore be affirmed.

Judgment affirmed, without costs. Mahoney, P.J., Kane, Casey, Weiss and Levine, JJ., concur.