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Frys v. Frys

Appellate Division of the Supreme Court of New York, Fourth Department
May 23, 1986
120 A.D.2d 975 (N.Y. App. Div. 1986)

Opinion

May 23, 1986

Appeal from the Supreme Court, Erie County, Flaherty, J.

Present — Dillon, P.J., Callahan, Doerr, Pine and Balio, JJ.


Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: It was error for Matrimonial Special Term to award maintenance to defendant pursuant to Domestic Relations Law § 236 (B) (9) (b). The provisions of that paragraph expressly do not apply to a separation agreement made, as here, prior to the effective date of the Equitable Distribution Law (EDL) (Domestic Relations Law § 236 [B], eff July 19, 1980). Such an agreement is governed by pre-EDL statutory provisions and decisional law (De Jose v De Jose, 66 N.Y.2d 804; Strader v Strader, 91 A.D.2d 852). Thus an award of support may be made to defendant wife upon a showing "that she is actually unable to support herself on the amount heretofore allowed and is in actual danger of becoming a public charge" (McMains v McMains, 15 N.Y.2d 283, 285). We reject defendant's claim that the proof in this record satisfies that standard. The maintenance award must be vacated.


Summaries of

Frys v. Frys

Appellate Division of the Supreme Court of New York, Fourth Department
May 23, 1986
120 A.D.2d 975 (N.Y. App. Div. 1986)
Case details for

Frys v. Frys

Case Details

Full title:CARL J. FRYS, Appellant-Respondent, v. KAREN R. FRYS, Respondent-Appellant

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

Date published: May 23, 1986

Citations

120 A.D.2d 975 (N.Y. App. Div. 1986)

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