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Matter of Phinney

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 10, 1998
251 A.D.2d 1048 (N.Y. App. Div. 1998)

Opinion

June 10, 1998

Appeals from Order of Orleans County Surrogate's Court, Noonan, S. — Support.

Present — Denman, P. J., Hayes, Pigott, Jr., Balio and Fallon, JJ.


Order unanimously affirmed without costs. Memorandum: Because it does not appear from the separation agreement that the parties intended to continue their obligations post mortem and the children were provided with alternative means of support, we conclude that the obligations of decedent set forth in the separation agreement terminated at the time of death (see, Matter of Riconda, 90 N.Y.2d 733, 738-739).


Summaries of

Matter of Phinney

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 10, 1998
251 A.D.2d 1048 (N.Y. App. Div. 1998)
Case details for

Matter of Phinney

Case Details

Full title:In the Matter of the Estate of MILFORD L. PHINNEY, Deceased, Respondent…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 10, 1998

Citations

251 A.D.2d 1048 (N.Y. App. Div. 1998)
673 N.Y.S.2d 621