Matter of Paul S. v. Roberta S

In Matter of Paul S. v. Roberta S. (91 Misc 2d 211 [Fam Ct, Queens County 1977]), a boyfriend signed a lease and listed the ex-spouse as his wife, the wife knew of her boyfriend's representation of her as his spouse, she received W-2s with her boyfriend's surname, and her employment records listed her as the boyfriend's spouse. The Court of Appeals approved the conclusion in Paul S. that this proof was evidence of holding out even though the cited proof was not publicly available. None of the records--which the trial court held were evidence of holding out--were records that could be observed by the public. A stranger, meeting the couple, observing their daily life, would never know these private facts--the name on the ex-wife's driver's license, the name on her W-2 forms, the name on her employment records--but would observe the couple acting as husband and wife. In citing Paul S., the Court of Appeals seemed to stretch to find any New York example which would meet the "holding out" test. The Court, seemingly uncomfortable in overly restricting the discretion that the legislature had otherwise vested in trial courts, immediately added that the "proof required to demonstrate a holding out is, of course, not limited to the above illustrations." (Bliss v. Bliss 66 NY2d at 388.)