HARRINGTON v. HARRINGTON


103 A.D.2d 356 (1984)

Lesley Harrington, Appellant, v. Jonathan Harrington, Respondent

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

September 24, 1984


Attorney(s) appearing for the Case

Finkelstein & Robinson (Alan D. Scheinkman and Samuel Finkelstein of counsel), for appellant.

Taylor Walker for respondent.

NIEHOFF, RUBIN and EIBER, JJ., concur.


BRACKEN, J. P.

On this appeal, we are called upon to determine whether an agreement between the parties in a matrimonial action, which is placed on the record in open court, but which is not reduced to writing and subscribed and acknowledged, constitutes a valid "opting out" agreement under section 236 (part B, subd 3) of the Domestic Relations Law.

This action for divorce was commenced in September, 1980. In June, 1982 plaintiff Lesley Harrington...

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