Palermo v. Palermo

In Palermo v. Palermo, 35 Misc 3d 1211[A], 950 NYS2d 724, 2011 NY Slip Op 52506[U], at 4 [Sup Ct, Monroe County 2011]) the Supreme Court of Monroe County, after a lengthy and thorough review of legislative history, a comparison of other states' no-fault divorce statutes, and an analysis of case law, found that the legislature's silence on the issue of no-fault grounds trials meant it did not intend to allow them, stating, "If the New York legislature intended to have hearings and trials regarding the veracity of a sworn statement indicating that a marriage is irretrievably broken, it would have followed the countless examples of other states and included the hearing requirement in its legislative mandate. It chose not to do so, and this court will not, under the guise of statutory construction, amend or overrule the legislature's efforts. To do so would thwart DRL 170 (7)'s purpose." (35 Misc 3d 1211[A], 950 NYS2d 724, 2011 NY Slip Op 52506[U] at 14)