MATTER OF SMUTNY v. SMUTNY


43 A.D.2d 590 (1973)

In the Matter of Barbara Smutny, Respondent, v. Rudolf Smutny, Jr., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 26, 1973


Order modified, on the law, by striking therefrom the decretal provision which states that appellant's "application to modify is denied". As so modified, order affirmed, without costs, and appellant's proceeding remitted to the Family Court for a hearing and a new determination thereon.

After living apart for more than two years after the granting of a judgment of separation, appellant was granted the judgment of divorce on August 19, 1970. The following provision...

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