Jayson v. Jayson

This motion presents the following question: When in fact do the parties to a matrimonial action, where a divorce has been granted in open court, cease to actually be husband and wife — at the time of pronouncement or decision by the presiding Justice, or when the judgment has been signed and entered?

The petitioner, Erica Jayson, administratrix of the estate of Robert S. Jayson and mother of his surviving children, brings this motion on behalf of said children seeking an order, pursuant to CPLR 50Í6 (subd [d]), entering a judgment of divorce nunc pro tunc as of May 23, 1974.

In this…