FRAIOLI v. FRAIOLI


1 A.D.2d 967 (1956)

Lucy Fraioli, Plaintiff, v. Thomas Fraioli, Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 16, 1956


Submission dismissed, without costs to either party.

While this proceeding is designated as a submission pursuant to section 546 of the Civil Practice Act, it is in reality an attempt to have this court determine, upon an agreed statement of facts, an action pending in the Supreme Court. This is not proper procedure. Furthermore, a matrimonial action, involving as it does important questions of public policy and the interests not alone of the parties thereto but those...

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