New York's Highest Court Rules That New York Courts Have Jurisdiction to Entertain An Action For Equitable Distribution and Dissolution of a Same sex

The highest appeals court in the State of New York, The Court Of Appeals, issued a decision on March 18, 2010 which determined that New York courts were empowered to consider a case involving a claim for equitable distribution and dissolution of a same sex civil union which was legally entered into in Vermont.

Both parties were New York residents who went to Vermont solely to enter into the Civil Union. After their relationship deteriorated, this action was brought in New York. The case could not be heard in Vermont because to start the case there, one of the parties would have been required to be a Vermont resident for a year before the action was commenced.

The New York Court of Appeals recognized that New York public policy protects same sex couples in many ways. It pointed out that the Public Health Law recognizes civil unions that were entered into legally, and it cited laws and decisions as examples of the protections afforded by the State. The Court concluded that even though New York does not have a specific mechanism to dissolve civil unions, it has the jurisdiction to hear the case and decide the issues.

This decision did not rule on the specifics of what the decision should be, but only that the lower court had the jurisdiction to hear and decide the case.The case was sent back to the lower court to hear and decide the issues.