Becher v. Becher

—In an action for a divorce and ancillary relief, the defendant husband appeals from an order of the Supreme Court, Kings County (Rigler, J.), dated March 13, 1996, which, inter alia, denied his motion for a judgment declaring Domestic Relations Law § 236 (B) (5) (h); (6) (d) unconstitutional.

Ordered that the order is reversed, on-the law, without costs or disbursements, and the husband’s motion is dismissed.

Prior to the trial of this action, the husband moved for a judgment declaring Domestic Relations Law § 236 (B) (5) (h); (6) (d) unconstitutional. These statutes provide that, where…