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DeLYRA v. DeLYRA

141 A.D.2d 75 (1988)

Barbara DeLyra, Respondent, v. Raymund DeLyra, Appellant

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

October 3, 1988

Attorney(s) appearing for the Case

Philip F. Alba (Joseph C. Leshen of counsel), for appellant.

Westfal & Kiernan (Gary F. Westfal of counsel), for respondent.

BROWN, J. P., WEINSTEIN and EIBER, JJ., concur.

LAWRENCE, J.

We reaffirm our earlier determination in Lobotsky v Lobotsky (122 A.D.2d 253, 254) that when a marriage is declared void, the property acquired during the parties' purported marriage and before the commencement of the action is subject to equitable distribution.

I

The pertinent facts may be briefly stated.

The plaintiff was purportedly...

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