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Matter of Blizniak v. Blizniak

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 24, 1980
73 A.D.2d 1050 (N.Y. App. Div. 1980)

Opinion

January 24, 1980

Appeal from the Erie County Family Court.

Present — Simons, J.P., Hancock, Jr., Schnepp, Callahan and Witmer, JJ.


Order unanimously affirmed, without costs. Memorandum: Inasmuch as the Nevada divorce decree contained no provision for alimony, Family Court was without power to modify it to include an award of alimony (Matter of Silver v Silver, 36 N.Y.2d 324; see, also, Beaverson v Beaverson, 72 A.D.2d 963). Our affirmance is without prejudice, however, to plaintiff bringing an action for a separation or divorce in which she seeks an award of alimony (see Domestic Relations Law, § 236). The prior finding that the Nevada decree is binding on the plaintiff insofar as it determines marital status would not preclude such action (see Janowski v Janowski, 58 A.D.2d 980).


Summaries of

Matter of Blizniak v. Blizniak

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 24, 1980
73 A.D.2d 1050 (N.Y. App. Div. 1980)
Case details for

Matter of Blizniak v. Blizniak

Case Details

Full title:In the Matter of SOPHIE BLIZNIAK, Appellant, v. RAYMOND T. BLIZNIAK…

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

Date published: Jan 24, 1980

Citations

73 A.D.2d 1050 (N.Y. App. Div. 1980)

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