ANOSTARIO v. ANOSTARIO


255 A.D.2d 777 (1998)

680 N.Y.S.2d 279

Shelly K. Anostario, Respondent, v. Joseph M. Anostario, Appellant

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

November 19, 1998


Mikoll, J.

The sole issue on this appeal is whether Supreme Court abused its discretion in denying the parties' repeated requests to stipulate to mutual divorces.

The relevant facts are as follows. Plaintiff commenced an action for divorce by service and filing of a summons with notice. Despite defendant's demand for a complaint, none was served or filed as of June 25, 1997, the date on which trial commenced.

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