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Micelotta v. Micelotta

45 A.D.2d 842 Court N.Y. App. Div. Decision date 1974-07-01 English

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p. 842
Sylvia J. Micelotta, Respondent, v. Neil F. Micelotta, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Richmond County, dated February 4, 1974, which granted plaintiff a divorce. Judgment affirmed, without costs. Although we are affirming the judgment, we reject the finding of fact designated as subdivision (f) of paragraph “ Fifth ” of the findings. That finding of fact was a specification of cruelty, which was added on the motion of the trial court, based on defendant's assertion of a counterclaim for adultery. Martuscello, Acting P. J., Latham, Shapiro, Cohalan and Brennan, JJ., concur.