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GOLDEN v. GOLDEN

128 A.D.2d 672 (1987)

Donald Golden, Appellant, v. Donna Golden, Respondent

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

March 16, 1987

Ordered that the order is reversed, on the law, without costs or disbursements, and the motion is dismissed.

It is undisputed that the respondent failed to give the petitioner timely notice of the motion to dismiss (see, CPLR 2214 [b]). Hence, this error deprived the court of jurisdiction to entertain the motion and rendered the resulting order void (see, Burstin v Public Serv. Mut. Ins. Co.,

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