Kobylack v. Kobylack
New York Court of Appeals
POINTS OF COUNSEL I. The Appellate Division should not have given the wife an additional $20,031.77 from the husband’s Thrift Fund after the Supreme Court, upon carefully reviewing all of the facts and circumstances of the case, gave the wife nothing from said Thrift Fund. (.Rodgers v Rodgers, 98 AD2d 386; Arnold v Arnold, 52 AD2d 546; McKay v McKay, 78 AD2d 676; Jolis v Jolis, 111 Mise 2d 965; Damiano v Damiano, 94 AD2d 132; Majauskas v Majauskas, 110 Mise 2d 323.) II.
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POINTS OF COUNSEL I. The Appellate Division should not have given the wife an additional $20,031.77 from the husband’s Thrift Fund after the Supreme Court, upon carefully reviewing all of the facts and circumstances of the case, gave the wife nothing from said Thrift Fund. (.Rodgers v Rodgers, 98 AD2d 386; Arnold v Arnold, 52 AD2d 546; McKay v McKay, 78 AD2d 676; Jolis v Jolis, 111 Mise 2d 965; Damiano v Damiano, 94 AD2d 132; Majauskas v Majauskas, 110 Mise 2d 323.) II. The court below granted the wife a percentage of the total Thrift Fund when, in fact, plaintiff-husband will never receive…
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Special Term granted plaintiff-husband a divorce and directed distribution on a 72 to 28 ratio of the marital premises, household furnishings and automobile, but concluded that neither party was entitled to any share of the pension rights of the other. The facts and reasoning on which the distribution provisions of the judgment were based are reported at 110 Misc 2d 402.
*402In a memorandum and order, both of which stated that its disposition was “on the law,” the Appellate Division modified. Despite the statement that its disposition was on the law, however, the memorandum…
3Cases cited4 opinions
- Majauskas v. MajauskasNew York Court of Appeals · 1984
- Rugg v. State of New YorkNew York Court of Appeals · 1951
- Kobylack v. KobylackNew York Supreme Court · 1981
- Matter of Nassau Educ. Chapter of the Civil Serv. Employees Ass'n, Inc. v. Great Neck Union Free Sch. Dist.New York Court of Appeals · 1982
4Cited by39 opinions
- DeCabrera v. Cabrera-RoseteNew York Court of Appeals · 1987
- O'Brien v. O'BrienNew York Court of Appeals · 1985
- Louise E. S. v. W. Stephen S.New York Court of Appeals · 1985
- Cappiello v. CappielloNew York Court of Appeals · 1985
- Hillmann v. HillmannAppellate Division of the Supreme Court of the State of New York · 1985
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