CASTERELLA v. CASTERELLA


65 A.D.2d 614 (1978)

Marianna Casterella, Respondent, v. Joseph Casterella, Appellant

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

October 30, 1978


Order reversed, on the law, without costs or disbursements, motion granted and the judgment of divorce, dated May 5, 1976, is declared null and void.

The sole issue is whether the judgment of divorce should be set aside pursuant to section 14 of the Judiciary Law, because the Judge who presided over the proceedings became interested in the litigation. The operative facts are undisputed. In the course of a pretrial conference, a settlement proposal was made which essentially...

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