CATON v. CATON


72 Misc.2d 544 (1972)

Virginia S. Caton, Plaintiff, v. Daniel T. Caton, Defendant.

Supreme Court, Monroe County.

December 27, 1972


Attorney(s) appearing for the Case

Gerard A. Mitrano for plaintiff.


JAMES H. BOOMER, J.

Plaintiff has applied for judgment of divorce upon default of the defendant in appearing. Service of the summons was made by publication, but the first publication of the summons was not made within 20 days after the granting of the order of publication as required by subdivision (c) of CPLR 316. Plaintiff's attorney asks that the failure to publish timely be deemed a mistake within the meaning of CPLR 2001 and be disregarded or corrected...

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