Opinion
CA 03-01214.
February 11, 2004.
Appeal from a judgment of the Supreme Court, Herkimer County (Patrick L. Kirk, A.J.), entered July 23, 2002. The judgment, inter alia, granted decedent a divorce.
RICHARD L. WOLFE, UTICA, FOR DEFENDANT-APPELLANT.
McLANE, SMITH AND LASCURETTES, L.L.P., UTICA (STEVEN A. SMITH OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, SCUDDER, AND KEHOE, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Supreme Court properly granted plaintiff's decedent a divorce on the ground of cruel and inhuman treatment. Decedent testified that there were several instances in which defendant verbally and physically attacked him and that he had to hide from her in order to escape her abuse. That evidence is sufficient to satisfy the high degree of proof required to establish cruel and inhuman treatment where, as here, the marriage is of long duration ( see generally Brady v. Brady, 64 N.Y.2d 339, 345). Defendant's denials and different version of events merely raised a credibility issue, which the court was entitled to resolve in decedent's favor ( see Newkirk v. Newkirk, 212 A.D.2d 951, 952). Defendant's remaining contention is without merit.