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Verity v. Verity

Court of Appeals of the State of New York
Sep 10, 1985
65 N.Y.2d 1002 (N.Y. 1985)

Opinion

Decided September 10, 1985

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, John F. Halpin, J.

Gerald B. Cohen and Raymond V. Wylegala for appellant.

Dennis A. Scinta and Richard G. Collins for respondent.


MEMORANDUM.

Order of the Appellate Division should be affirmed, with costs.

Although the order recites that it is on the law and the facts, the opinion makes clear that its basis was the absence of factual support for the Family Court's conclusion. We agree that the evidence was insufficient as a matter of law and, therefore, do not consider the weight of the evidence ( see, Matter of Nassau Educ. Ch. of Civ. Serv. Employees Assn. v Great Neck Union Free School Dist., 57 N.Y.2d 658, 660).

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, in a memorandum.


Summaries of

Verity v. Verity

Court of Appeals of the State of New York
Sep 10, 1985
65 N.Y.2d 1002 (N.Y. 1985)
Case details for

Verity v. Verity

Case Details

Full title:ROBERT VERITY, Appellant, v. SHEILA VERITY, Respondent

Court:Court of Appeals of the State of New York

Date published: Sep 10, 1985

Citations

65 N.Y.2d 1002 (N.Y. 1985)
494 N.Y.S.2d 96
484 N.E.2d 125

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