BY HELEN PETERSON -- DAILY NEWS STAFF WRITER
This snake isn't getting his diamond back.
A jilted fiance can't retrieve the $40,000, 3.4-carat ring he gave to his intended because he was already married when he proposed, a judge has ruled.
Brian Callahan, of Manhattan, who works in the financial industry, met his erstwhile bride, Dana Clyburn Parker, on Match.com in 2001, and she eventually moved to New York to be with him. He proposed to her in July 2002 and gave her the ring, according to court papers.
But Parker dumped Callahan in June 2003 after finding e-mails on his computer indicating he was still pursuing online relationships with other women, the court documents show.
Callahan's lawyer, Daniel Clement, denied his client was cheating on Parker.
Clement said Callahan was essentially granted a divorce in Massachusetts in June 2002, but in accordance with that state's laws, it was not entered into the public record until September 2002.
But in a decision made public yesterday, Manhattan Supreme Court Justice Rolando Acosta said New York law is clear that Callahan was legally off base when he asked Parker to marry him because he was not officially divorced.
"We're very pleased with the court's decision," said Parker's lawyer, Kevin Conway. "You are not permitted to enter into a contract to become married while you are still legally married."
Clement said he has not decided whether to appeal the decision.
Neither Parker, a former schoolteacher who is now caring for her sickly mother, nor Callahan could be reached for comment.