MATTER OF NIZOLEK v. NIZOLEK

513248.

93 A.D.3d 934 (2012)

939 N.Y.S.2d 759

2012 NY Slip Op 1541

In the Matter of ELLEN NIZOLEK, Respondent, v. EDWARD J. NIZOLEK, SR., Appellant.

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

Decided March 1, 2012.


SPAIN, J.

The parties are octogenarians married in 1947 with six adult children. Although they have lived separately since 1979, they have never divorced. Petitioner, who has no savings and qualifies for public assistance, twice previously petitioned for spousal support pursuant to Family Ct Act article 4 but was unsuccessful, presumably due to respondent's similarly limited resources at those times. However, in January...

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