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MATTER OF VENEZIA v. VENEZIA

144 A.D.2d 948 (1988)

In the Matter of Mamie T. Venezia, Appellant, v. Anthony M. Venezia et al., Respondents

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

November 15, 1988

Order unanimously modified on the law to grant the petition in accordance with memorandum herein and as modified affirmed with costs to petitioner.

Memorandum:

We reject the Commissioner's position that petitioner be required to exhaust her savings, including equity in the marital home, before she is eligible for spousal support (see, Matter of Nester v Nester, 135 A.D.2d 878). The Commissioner argues that...

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