KELLY v. KELLY

2008-11641

69 A.D.3d 577 (2010)

892 N.Y.S.2d 185

2010 NY Slip Op 108

CATHERINE KELLY, Respondent-Appellant, v. J. BRIAN KELLY, Appellant-Respondent.

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

Decided January 5, 2010.


Ordered that the order and judgment is modified, on the law, by deleting from the fifteenth decretal paragraph thereof the words "until Medicare become[s] effective," and substituting therefor the words "until December 31, 2008"; as so modified, the order and judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The trial court has broad discretion to determine the issue of cruel and inhuman treatment. Its determination...

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