GARNER v. GARNER


59 Misc.2d 29 (1969)

Sylvia Garner, Plaintiff, v. William Garner, Defendant.

Supreme Court, Special Term, Kings County.

February 11, 1969


Attorney(s) appearing for the Case

Mary B. Torcher and Susan B. Lindenauer for plaintiff. William Garner, defendant in person by affidavit in nature of a petition and answer.


CARMINE A. VENTIERA, J.

The plaintiff wife has instituted an action for divorce on the ground that her husband, the defendant, has been confined in prison for a period of three or more consecutive years after their marriage (Domestic Relations Law, § 170, subd. [3]). Defendant, a convicted felon, is presently serving a sentence of 15 to 20 years in Clinton Prison for robbery, and has served more than three consecutive years of said sentence. There...

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