Mackoff v. Bluemke-Mackoff

• Jurisdiction: New York,United States
• Citation: Mackoff v. Bluemke-Mackoff, 222 A.D.3d 67, 200 N.Y.S.3d 396 (N.Y. App. Div. 2023)
• Decision Date: 15 November 2023
• Parties: Robin MACKOFF, respondent, v. Linda BLUEMKE–MACKOFF, appellant.
• Court: New York Supreme Court — Appellate Division
• Docket Number: 2021–02098,Index No. 382/19

222 A.D.3d 67

200 N.Y.S.3d 396

Robin MACKOFF, respondent,

v.Linda BLUEMKE–MACKOFF, appellant.

2021–02098

Index No. 382/19

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

Argued—June 6, 2023

November 15, 2023

Michael B. Schulman & Associates, P.C., Melville, NY (Danielle Sican and Stanford Bankston of counsel), for appellant.

Gilbert L. Balanoff, P.C., Garden City, NY, for respondent.

BETSY BARROS, J.P., PAUL WOOTEN, WILLIAM G. FORD, BARRY E. WARHIT, JJ.

OPINION & ORDER

FORD, J.

The issue presented on this appeal, apparently an issue of first impression for an appellate court in this State, is whether the Supreme Court improvidently exercised its discretion in denying the defendant's motion for leave to amend her answer to change the date of the parties’ marriage from the date of their civil marriage ceremony, which occurred after the passage of the Marriage Equality Act, to the date of the parties’ religious marriage ceremony, which occurred six years prior to the passage of the Marriage Equality Act. For the reasons set forth below, we determine that the defendant's request for leave to amend her answer was not prejudicial to the plaintiff, palpably insufficient, or patently devoid of merit, and, accordingly, her motion for such relief should have been granted.

I. Relevant Facts

On July 21, 2005, in New York City, the plaintiff, Robin Mackoff, and the defendant, Linda Bluemke–Mackoff, participated in a traditional Jewish marriage ceremony that was performed and solemnized by a rabbi. The ceremony was performed under a chuppah, the parties signed a Ketubah, and the event was attended by approximately 100 guests. It is undisputed that the parties did not obtain a marriage license for this ceremony since, at the time, New York State did not offer marriage licenses to same-sex couples or recognize same-sex marriages.

After this ceremony, the parties continued living together and, according to the defendant, held themselves out as spouses. In July 2010, the plaintiff officially changed her name from Robin Cindy Mackoff to Robin Cindy Bluemke–Mackoff.

In June 2011, New York State enacted the Marriage Equality Act (hereinafter the MEA), which authorized same-sex couples to enter into civil marriages in New York State. On July 28, 2011, four days after the MEA went into effect, the parties obtained a New York State marriage license and were married in a civil ceremony.

On January 23, 2019, the plaintiff commenced this action for a divorce and ancillary relief. In her complaint, the plaintiff claimed that the parties were married on July 28, 2011. On May 15, 2019, the defendant filed an answer, which did not refute the July 28, 2011 marriage date. The defendant was subsequently awarded certain pendente lite relief, including temporary spousal maintenance.

On December 10, 2020, the defendant moved for leave to amend her answer to reflect that the parties were married on July 21, 2005, instead of July 28, 2011. The plaintiff opposed the motion. In an order dated March 10, 2021, the Supreme Court denied the defendant's motion, determining that the amendment would be prejudicial to the plaintiff in light of the amount of time that had elapsed and the pendente lite relief previously granted. The court also determined that the amendment lacked merit because the MEA did not confer validity to a same-sex marriage conducted prior to its enactment. The defendant appeals.

II. Valid Marriages in New York State

"Marriage, so far as its validity in law is concerned, continues to be a civil contract, to which the consent of parties capable in law of making a contract is essential" ( Domestic Relations Law § 10 ). Generally, it is necessary for all persons intended to be married in New York State to obtain a marriage license and deliver said license, within 60 days, to the person who is to officiate the marriage ceremony (see id. § 13 ). Further, no marriage shall be valid unless solemnized (see id. § 11 ). No particular form or ceremony is required when a marriage is solemnized, but the parties must solemnly declare in the presence of a clergyman, magistrate, or one-day marriage officiant, and the attending witness or witnesses that they take each other as spouses (see id. § 12 ). At least one witness, aside from a clergyman, magistrate, or one-day marriage officiant, is required (see id. ).

A marriage is valid if not void or voidable. The Domestic Relations Law specifically defines void marriages as those that are incestuous (see id. § 5 ), or where one of the parties has a living spouse and such former marriage has not been annulled or dissolved (see id. § 6 ). A marriage is voidable if a party to the marriage (1) is under the age of legal consent; (2) is incapable of consenting to a marriage for want of understanding; (3) is incapable of entering into the married state from physical cause; (4) has consented by reason of force, duress, or fraud; or (5) has been incurably mentally ill for a period of five years or more (see id. § 7 ). "While the Domestic Relations Law deems it necessary for all persons intending to be married to obtain a marriage license, a marriage is not void for the failure to obtain a marriage license if the marriage is solemnized" ( Yusupov v. Baraev, 197 A.D.3d 538, 539, 152 N.Y.S.3d 497 [citation omitted]; see Bernstein v. Benchemoun, 216 A.D.3d 893, 894, 188 N.Y.S.3d 669 ; Matter of Farraj, 72 A.D.3d 1082, 1083, 900 N.Y.S.2d 340 ).

III. The MEA

Prior to the passage of the MEA, New York's statutory law "clearly limit[ed] marriage to opposite-sex couples" ( Hernandez v. Robles, 7 N.Y.3d 338, 357, 821 N.Y.S.2d 770, 855 N.E.2d 1, abrogated by Obergefell v. Hodges, 576 U.S. 644, 135 S.Ct. 2584, 192 L.Ed.2d 609 ). The MEA was signed into law on June 24, 2011, and went into effect 30 days later on July 24, 2011 (see L 2011, ch 95, § 6). In relevant part, this law amended the Domestic Relations Law to extend the right to marry to parties of the same sex (see Domestic Relations Law § 10–a ). The amendments state, inter alia, that "[a] marriage that is otherwise valid shall be valid regardless of whether the parties to the marriage are of the same or different sex" ( id. § 10–a[1] ) and that "[n]o government treatment or legal status, effect, right, benefit, privilege, protection or responsibility relating to marriage ... shall differ based on the parties to the marriage being or having been of the same sex rather than a different sex" ( id. § 10–a[2] ). The MEA set forth that no application for a marriage license would be denied on the ground that the parties were of the same, or different, sex (see id. § 13).

The bill's text explains the legislative intent of the amendments, stating,

"Marriage is a fundamental human right. Same-sex couples should have the same access as others to the protections, responsibilities, rights, obligations, and benefits of civil marriage. Stable family relationships help build a stronger society. For the welfare of the community and in fairness to all New Yorkers, this act formally recognizes otherwise-valid marriages without regard to whether the parties are of the same or different sex.

It is the intent of the legislature that the marriages of same-sex and different-sex couples be treated equally in all respects under the law " (L 2011, ch 95, § 2 [emphasis added]).

In a letter to the New York State Assembly requesting the immediate consideration of this bill, the Governor's counsel wrote that "[t]he continued delay of the passage of this bill would deny over 50,000 same-sex couples in New York critical protections currently afforded to different-sex couples, including hospital visitation, inheritance and pension benefits" (Letter to the Assembly, Bill Jacket, L 2011, ch 95 at 5).

IV. Retroactive Application of Statutory Enactments

"Amendments are presumed to have prospective application unless the Legislature's preference for retroactivity is explicitly stated or clearly indicated. However, remedial legislation should be given retroactive effect in order to effectuate its beneficial purpose" ( Matter of Gleason [Michael Vee, Ltd.], 96 N.Y.2d 117, 122, 726 N.Y.S.2d 45, 749 N.E.2d 724 [citation omitted]). A remedial statute "is one which is ‘designed to correct imperfections in prior law, by generally giving relief to the aggrieved party’ " ( Matter of Mia S. [Michelle C.], 212 A.D.3d 17, 22, 179 N.Y.S.3d 732, quoting Nelson v. HSBC Bank USA, 87 A.D.3d 995, 998, 929 N.Y.S.2d 259 ). "Classifying a statute as ‘remedial’ does not automatically overcome the strong presumption of prospectivity" ( Majewski v. Broadalbin–Perth Cent. School Dist., 91 N.Y.2d 577, 584, 673 N.Y.S.2d 966, 696 N.E.2d 978, quoting McKinney's Cons Laws of NY, Book 1, Statutes § 321), so "the reach of the statute ultimately becomes a matter of judgment made upon review of the legislative goal" ( Matter of OnBank & Trust Co., 90 N.Y.2d 725, 730, 665 N.Y.S.2d 389, 688 N.E.2d 245 [internal quotation marks omitted]). Other factors courts should consider when determining if a statutory amendment should be applied retroactively include "whether the Legislature has made a specific pronouncement about retroactive effect or conveyed a sense of urgency; whether the statute was designed to rewrite an unintended judicial interpretation; and whether the enactment itself reaffirms a legislative judgment about what the law in question should be" ( Matter of Gleason [Michael Vee, Ltd.], 96 N.Y.2d at 122, 726 N.Y.S.2d 45, 749 N.E.2d 724 ).

Here, the defendant argues that the MEA should be applied retroactively, and, if the MEA is applied retroactively, that the parties’ solemnized religious ceremony in 2005 created an "otherwise valid marriage" that should now be recognized by the State of New York, regardless of the date of the parties’ subsequent marriage license.

V. Analysis

At this stage in the litigation, we are tasked only with determining whether the defendant should be permitted to amend her answer to make the claim that the...