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HALSEY v. HALSEY

296 A.D.2d 28 (2002)

746 N.Y.S.2d 25

LEE E. HALSEY, Appellant, v. LINDA A. HALSEY, Respondent.

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

July 22, 2002.

Attorney(s) appearing for the Case

Frederick C. Meyer, Hampton Bays (Schapiro & Reich [Perry S. Reich] of counsel), for appellant.

Foster & Vandenburgh, LLP, Westhampton (Frederic C. Foster and Stanely E. Gelzinis of counsel), for respondent.

LUCIANO, SCHMIDT and CRANE, JJ., concur.

OPINION OF THE COURT

S. MILLER, J.P.

May a prenuptial agreement provide for, not only, distribution of marital assets in event of death, separation, or divorce, but also serve as a separation agreement upon which a conversion divorce may later be based pursuant to Domestic Relations Law § 170 (6)? We answer this question with a resounding "No."

The parties herein, Lee E. Halsey and Linda A. Halsey, were unmarried and living together when their...

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