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GARCIA v. GARCIA

178 A.D.2d 683 (1991)

Linda L. Garcia, Respondent, v. Julian Garcia, Appellant

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

December 5, 1991

While defendant filed a timely notice of appeal from the judgment of divorce, this court has recently noted that "[i]n the absence of a final judgment awarding equitable distribution, a finding of divorce is not effective" (Sullivan v Sullivan, 174 A.D.2d 862). Therefore, because Supreme Court's judgment only granted plaintiff a divorce but failed to make an award of equitable distribution, the judgment appealed from was nonbinding...

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