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CAPPA v. CAPPA

212 A.D.2d 1056 (1995)

624 N.Y.S.2d 1012

Jeannette Cappa, Appellant, v. Daniel P. Cappa, Respondent

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

February 3, 1995

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied plaintiff's motion for a discontinuance of the divorce action. "[D]iscontinuance would work particular prejudice against defendant in that it would result in converting what has otherwise been separate property into marital property upon the commencement of any new proceeding" (Ruppert v Ruppert, 192 A.D.2d 925, 926; see also

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