LAWTON v. LAWTON


239 A.D.2d 866 (1997)

659 N.Y.S.2d 644

Linda L. Lawton, Respondent, v. Terry M. Lawton, Appellant

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

May 30, 1997


Judgment unanimously modified on the law and as modified affirmed with costs to plaintiff in accordance with the following Memorandum: We reject defendant's contention that, by failing to submit a proposed judgment of divorce to Supreme Court within 60 days of the court's decision, plaintiff abandoned the action (see, 22 NYCRR 202.48 [a]; Funk v Barry, 89 N.Y.2d 364). Prior to the expiration of the 60-day period, plaintiff...

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