Blizniak v. Blizniak

Order unanimously affirmed, without costs. Memorandum: Inasmuch as the Nevada divorce decree contained no provision for alimony, Family Court was without power to modify it to include an award of alimony (Matter of Silver v Silver, 36 NY2d 324; see, also, Beaverson v Beaverson, 72 AD2d 963). Our affirmance is without prejudice, however, to plaintiff bringing an action for a separation or divorce in which she seeks an award of alimony (see Domestic Relations Law, § 236). The prior finding that the Nevada decree is binding on the plaintiff insofar as it determines marital status would not…