O'Heaney v. O'Heaney

Hancock, Jr., J. (dissenting).

I would affirm. Defendant admits that she deliberately stayed away from her home for the purpose of evading service of process from July 7, 1980 until after July 19, 1980, the effective date of the Equitable Distribution Law (Domestic Relations Law, § 236). In her sworn affidavit she states that she “had learned from friends that her husband was going to serve her with a summons and complaint to get his case in under the old matrimonial law”. There is undisputed evidence that, to avoid detection, she left her car at home, rented an automobile and went to Niagara…