(Download) "Steven Valladares v. Anne B. Valladares" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Steven Valladares v. Anne B. Valladares
- Author : Supreme Court of New York
- Release Date : January 04, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
These appeals, argued together, present common questions as to the retroactivity of the newly enacted part B of section 236 of the Domestic Relations Law (L 1980, ch 281) to matrimonial actions and proceedings commenced prior to its effective date, July 19, 1980. In our opinion, the retroactive application of this new statutory scheme to marriages contracted and property acquired prior to July 19, 1980 does not offend constitutional requirements of due process and equal protection of the laws. However, as a matter of statutory construction, the new provisions are inapplicable to matrimonial actions and proceedings, as defined in part B of section 236, which were commenced prior to July 19, 1980. We also conclude that, with respect to matrimonial actions commenced prior to July 19, 1980, an application for leave to discontinue without prejudice (see CPLR 3217, subd [b]), may not be granted where the purpose of such application is to enable the moving party to circumvent the intent of the Legislature by commencing a new action on or after that date.
 "Steven Valladares v. Anne B. Valladares" by Supreme Court of New York " eBook PDF Kindle ePub Free){kind=link}