Colangelo v. Colangelo, 1

• Decision Date: 12 November 1976
• Docket Number: No. 1,1
• Parties: Dora S. COLANGELO, Respondent, v. Paul COLANGELO, Appellant. Appeal
• Court: New York Supreme Court — Appellate Division

Page 76

389 N.Y.S.2d 76

54 A.D.2d 1123

Dora S. COLANGELO, Respondent, v. Paul COLANGELO, Appellant.

Appeal No. 1.

Supreme Court, Appellate Division, Fourth Department.

Nov. 12, 1976.

Rocco L. Versace, Rome, for appellant.

Edward J. Tyler, Rome, for respondent.

Before MARSH, P.J., and MOULE, CARDAMONE, SIMONS and GOLDMAN, JJ.

MEMORANDUM.

The record adequately supports the determination of the Trial Court which granted respondent-wife a divorce from appellant-husband on the ground of his cruel and inhuman treatment. There was no factual basis to support the husband's counterclaim for the same relief and it was, therefore, properly dismissed (see, Hessen v. Hessen, 33 N.Y.2d 406, 353 N.Y.S.2d 421, 308 N.E.2d 891). We have considered the other issues raised on this appeal and find them without merit.

Judgment unanimously affirmed without costs.