Matter of Messineo v. Messineo

Full title: In the Matter of CARMELA MESSINEO, Respondent, v. FRANK MESSINEO, Appellant

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

Date published: Sep 13, 1993

196 A.D.2d 826 (N.Y. App. Div. 1993)

602 N.Y.S.2d 25

Opinion

September 13, 1993

Appeal from the Family Court, Suffolk County (Freundlich, J.).

Ordered that the order is affirmed, with costs.

The former husband failed to present sufficient evidence that the former wife was holding herself out as another man's wife (see, Matter of Bliss v Bliss, 66 N.Y.2d 382). Absent such a showing, courts have no power under Domestic Relations Law § 248 to modify or annul a support obligation.

Because there is no indication in the record that the former wife intentionally relinquished the right to receive alimony (see, Andrews v Dolan, 158 A.D.2d 569), we reject the former husband's claim that she waived her right in this regard.

We have reviewed the former husband's remaining contentions and conclude that they are without merit. Mangano, P.J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.