Citation Numbers: 10 Misc. 2d 306
Judges: Taylor
Filed Date: 2/12/1958
Status: Precedential
Modified Date: 2/5/2022
In this action the plaintiff seeks to .annul her marriage to defendant on the ground that at the time the ceremony was performed a decree divorcing the defendant from an earlier marriage had not yet become final. An inter
Section 30 of the General Construction Law provides: “ A number of months after or before a certain day shall be computed by counting such number of calendar months from such day, exclusive of the calendar month in which such day occurs, and shall include the day of the month in the last month so counted having the same numerical order in days of the month as the day from which the computation is made, unless there be not so many days in the last month so counted, in which case the period computed shall expire with the last day of the month so counted”. Applying this canon of construction, it appears that the interlocutory period expired on January 8, 1949 on which day the judgment, by its terms, became final. (Hungerford v. Wagoner, 5 App. Div. 590; Civ. Prac. Act, § 1176; see, also, Hoops v. Hoops, 292 N. Y. 428, 430; Matter of Foster v. American Radiator Co., 249 App. Div. 460, 463.) Hence, a marriage performed on that day was not void for the reasons ascribed by plaintiff. Accordingly, the application is denied and the complaint is dismissed.
Submit judgment.