SURLAK v. SURLAK


95 A.D.2d 371 (1983)

Ellen P. Surlak, Appellant, v. Joseph E. Surlak, Respondent

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

September 12, 1983


Attorney(s) appearing for the Case

O'Rourke & Lo Casio (Andrew O'Rourke of counsel), for appellant.

Ashley, Lewittes & Burton (Alvin Ashley of counsel), for respondent.

TITONE, J. P., and GULOTTA, J., concur with GIBBONS, J.; O'CONNOR and BOYERS, JJ., dissent and vote to affirm the judgment insofar as appealed from in an opinion by O'CONNOR, J.


GIBBONS, J.

We are called on in this appeal to review the propriety of a determination that a portion of the separation agreement between the parties, which provides for monthly payments from the husband to the wife, should be voided. We conclude that the record does not support impeachment of the agreement and that, therefore, judicial intervention to alter the agreement is improper.

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