WHALEY v. WHALEY (2000)

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

Clifton A. WHALEY, Plaintiff-Respondent, v. Carole E. WHALEY, Defendant-Appellant.

Decided: November 13, 2000

PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, SCUDDER and BALIO, JJ.

Robert H. Slocum, Kendall, for Defendant-Appellant. Petra H. Topping, Rochester, for Plaintiff-Respondent.

Supreme Court did not abuse its discretion in granting plaintiff a divorce on the ground of cruel and inhuman treatment (see, Domestic Relations Law § 170[1]; Stricos v. Stricos, 263 A.D.2d 659, 661, 692 N.Y.S.2d 801). The record supports the court's findings that defendant physically barred plaintiff from entering the parties' home; that there were arguments and threats throughout the two-year marriage; and that “ [plaintiff] suffered harassment, embarrassment, stress [and] anxiety”. “In view of the short duration of the marriage, the verbal abuse, both public and private, and [the] * * * harassment of the husband by the wife, cruel and inhuman treatment was proven” (Soto v. Soto, 216 A.D.2d 455, 456, 628 N.Y.S.2d 391; cf., Matthews v. Matthews, 238 A.D.2d 926, 926-927, 661 N.Y.S.2d 115).

Judgment unanimously affirmed without costs.

MEMORANDUM:

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