Opinion
July 27, 1970
Judgment of the Supreme Court, Kings County, dated July 15, 1969, modified, on the law and the facts, (1) by striking therefrom the first three decretal paragraphs thereof and substituting therefor a provision adjudging and declaring that the Nevada divorce decree in question and appellants' marriage in that State are valid and of full force and effect in New York and that respondent is not the lawful wife of appellant Hugh Z. Maray; and (2) by reducing the award of counsel fees in the fourth decretal paragraph from $3,000 to $1,500. As so modified, judgment affirmed, without costs. In our opinion the uncontroverted evidence establishes that the appellant husband genuinely intended to make Nevada his home when he went there to obtain a divorce from respondent without her appearance or consent (cf. Texas v. Florida, 306 U.S. 398, 424; Matter of Newcomb, 192 N.Y. 238, 250; Hull v. Littauer, 162 N.Y. 569, 572). We find that he was domiciled in Nevada when he obtained his divorce decree there, and it therefore must be given full faith and credit in this State (see Williams v. North Carolina, 317 U.S. 287). In the discretion of the court, the counsel fee awarded should be reduced to $1,500 (Domestic Relations Law, § 237). Munder, Acting P.J., Martuscello, Latham, Kleinfeld and Benjamin, JJ., concur.