From Casetext: Smarter Legal Research

DeLyra v. DeLyra

Court of Appeals of the State of New York
Oct 19, 1989
74 N.Y.2d 872 (N.Y. 1989)

Opinion

Argued September 8, 1989

Decided October 19, 1989

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Edward G. McCabe, J.

Joseph C. Leshen and Philip F. Alba for appellant. Gary F. Westfal for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The parties were married on October 14, 1977, and lived together as husband and wife for seven years. In 1984, plaintiff brought this matrimonial action seeking a divorce. Defendant counterclaimed for a declaration that the marriage was void ab initio because at the time of the wedding (see generally, Domestic Relations Law arts 2, 3) in 1977, plaintiff was still married to her former husband (see, Domestic Relations Law § 140 [a]). Supreme Court declared the parties' marriage void, finding certain defects with respect to plaintiff's Dominican Republic divorce decree which rendered the decree ineffective to terminate the prior marriage. After declaring the nullity of the parties' marriage, Supreme Court ordered that the parties' marital property be equitably distributed pursuant to Domestic Relations Law § 236 (B) (5). The Appellate Division affirmed.

Domestic Relations Law § 236 (B) (5) (a) provides that a court shall make an equitable distribution of marital property in an action "wherein all or part of the relief granted is * * * the * * * declaration of the nullity of a marriage". The Appellate Division properly concluded that under the facts of this case, where the parties' void marriage has been declared a nullity, their marital property is subject to equitable distribution. Accordingly, the certified question is answered in the affirmative.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

Order affirmed, with costs, and the certified question answered in the affirmative in a memorandum.


Summaries of

DeLyra v. DeLyra

Court of Appeals of the State of New York
Oct 19, 1989
74 N.Y.2d 872 (N.Y. 1989)
Case details for

DeLyra v. DeLyra

Case Details

Full title:BARBARA DeLYRA, Respondent, v. RAYMUND DeLYRA, Appellant

Court:Court of Appeals of the State of New York

Date published: Oct 19, 1989

Citations

74 N.Y.2d 872 (N.Y. 1989)
547 N.Y.S.2d 830
547 N.E.2d 85

Citing Cases

Valente v. Cabral

The Supreme Court erred in denying the defendant's request for maintenance and equitable distribution on the…

Matter of Dot E.W

However, review of existing law indicates that pursuant to Domestic Relations Law § 236 (B) (5), the court…