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RINZLER v. RINZLER

514126.

97 A.D.3d 215 (2012)

947 N.Y.S.2d 844

2012 NY Slip Op 5591

CARL RINZLER, Appellant, v. IRMA RINZLER, Respondent.

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

July 12, 2012.

Attorney(s) appearing for the Case

McNamee, Lochner, Titus & Williams, PC, Albany ( Bruce J. Wagner of counsel), for appellant.

Rapport Meyers, LLP, Hudson ( Victor M. Meyers of counsel), for respondent.

PETERS, P.J., LAHTINEN, MALONE JR. and GARRY, JJ., concur.

OPINION OF THE COURT

STEIN, J.

In June 2009, plaintiff commenced an action for divorce on the grounds of cruel and inhuman treatment and abandonment (see Domestic Relations Law § 170 [1], [2]). Defendant answered and counterclaimed for spousal support arrears. In September 2010, after enactment of Domestic Relations Law § 170 (7) — which established a new ground for divorce based upon an irretrievable breakdown of the marriage (now...

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