In re Curatolo

The petitioner husband applies for leave of this court to file a separation agreement dated January 3, 1964 with the County Clerk. The respondent wife opposes the application.

The problem raised has been much discussed by the Bar. It involves basically an issue of legislative intent. (See Hendler, Matrimonial Practice in the N. Y. Supreme Court, Mr. Schaeffer’s comments pp. 186-189; Foster & Freed, Divorce Reform Law, pp. 14-19.)

The husband desires to take future advantage of subdivision (6) of section 170 of the Divorce Reform Law (L. 1966, ch. 254, § 2). That subdivision is related to…