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ELSON v. ELSON

149 A.D.2d 141 (1989)

C. Lynn Elson, Appellant, v. Barry R. Elson, Respondent

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

August 28, 1989

Attorney(s) appearing for the Case

Moran & Brodrick (Leslie K. Rothkopf of counsel), for appellant.

Shea & Gould (Jacalyn F. Barnett and Jocelyn C. Delbaum of counsel), for respondent.

THOMPSON, J. P., RUBIN and SPATT, JJ., concur.

BALLETTA, J.

In this case a question has arisen as to the impact an out-of-State divorce decree has upon a party's subsequent claim for equitable distribution in this State. We hold that where the foreign divorce decree was rendered prior to July 19, 1980, and it is not set aside, a party may not maintain a claim for equitable distribution under Domestic Relations Law § 236 (B).

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