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Whaley v. Whaley

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2000
277 A.D.2d 1025 (N.Y. App. Div. 2000)

Opinion

November 13, 2000.

Appeal from Judgment of Supreme Court, Monroe County, Calvaruso, J. — Matrimonial.

PRESENT: PIGOTT, JR., P. J., GREEN, HURLBUTT, SCUDDER AND BALIO, JJ.


Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court did not abuse its discretion in granting plaintiff a divorce on the ground of cruel and inhuman treatment ( see, Domestic Relations Law § 170; Stricos v. Stricos, 263 A.D.2d 659, 661). The record supports the court's findings that defendant physically barred plaintiff from entering the parties' home; that there were arguments and threats throughout the two-year marriage; and that "[plaintiff] suffered harassment, embarrassment, stress [and] anxiety". "In view of the short duration of the marriage, the verbal abuse, both public and private, and [the] * * * harassment of the husband by the wife, cruel and inhuman treatment was proven" ( Soto v. Soto, 216 A.D.2d 455, 456; cf., Matthews v. Matthews, 238 A.D.2d 926, 926-927).


Summaries of

Whaley v. Whaley

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2000
277 A.D.2d 1025 (N.Y. App. Div. 2000)
Case details for

Whaley v. Whaley

Case Details

Full title:CLIFTON A. WHALEY, PLAINTIFF-RESPONDENT, v. CAROLE E. WHALEY…

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

Date published: Nov 13, 2000

Citations

277 A.D.2d 1025 (N.Y. App. Div. 2000)
716 N.Y.S.2d 227

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