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Blizniak v. Blizniak
Citations: 73 A.D.2d 1050; 425 N.Y.S.2d 421; 1980 N.Y. App. Div. LEXIS 10011
Court: Appellate Division of the Supreme Court of the State of New York; January 23, 1980; New York; State Appellate Court
The order was unanimously affirmed without costs. The Family Court lacked the authority to modify the Nevada divorce decree to include alimony, as the decree itself did not provide for it. This decision references previous case law, specifically Matter of Silver v Silver and Beaverson v Beaverson, highlighting the court's limitations in altering existing decrees. However, the affirmance does not prevent the plaintiff from initiating a new action for separation or divorce that could include a request for alimony, as per Domestic Relations Law § 236. The existing ruling that the Nevada decree is binding regarding marital status does not obstruct such future actions. The case was presided over by Judges Simons, Hancock, Jr., Schnepp, Callahan, and Witmer.