General

Cynthia A. Kester, Respondent, v. Joseph Kester, Appellant

126 A.D.2d 928·New York Supreme Court, Appellate Division·1987·NY

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Opinion

Cynthia A. Kester, Respondent, v Joseph Kester, Appellant. [MAJORITY — Kane, J.] Kane, J. Appeal from a judgment of the Supreme Court granting plaintiff a divorce, entered February 26, 1986 in Broome County, upon a decision of the court at Trial Term (Fischer, J.), without a jury. Contrary to defendant’s assertion, the record fully supports Trial Term’s factual findings and, accordingly, Trial Term properly determined that plaintiff was entitled to a divorce on the ground of abandonment (Domestic Relations Law § 170 [2]; see, Diemer v Diemer, 8 NY2d 206; Benarroch v Benarroch, 55 AD2d 943). The judgment should therefore be affirmed. Judgment affirmed, without costs. Mahoney, P. J., Kane, Casey, Weiss and Levine, JJ., concur.