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Valade v. Valade

261 A.D.2d 881 Court N.Y. App. Div. Decision date 1999-05-07 English

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p. 881
Ruth E. Valade, Respondent, v Lawrence P. Valade, Appellant.
[689 NYS2d 593]

-^-Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court lacked authority to distribute the marital property in this action for separation because such an action does not result in the dissolution of the marriage {see, Domestic Relations Law §§ 200,

p. 882
236 [B] [5]). We modify the judgment, therefore, by vacating those decretal paragraphs that distribute the marital property. (Appeal from Judgment of Supreme Court, Oneida County, Tenney, J. — Matrimonial.) Present — Denman, P. J., Green, Pigott, Jr., Scudder and Callahan, JJ.

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