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69 A.D.3d 535

Avery v. Caldwell

Appellate Division of the Supreme Court of the State of New York · decided 2010-01-28

Decided 2010-01-28

¶1The parties, who are of the same sex, had a long-term, significant relationship, but never married, so the Domestic Relations Law (see Domestic Relations Law § 236 [B] [2]) is inapplicable. In Hernandez v Robles (7 NY3d 338 [2006]), the Court rejected the equal protection and due process arguments that defendant now asserts. We note that the parties executed a living together agreement, providing for distribution of certain assets. Concur— Mazzarelli, J.E, Sweeny, Moskowitz, Manzanet-Daniels and Román, JJ.

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