ANOSTARIO v. ANOSTARIO


252 A.D.2d 895 (1998)

676 N.Y.S.2d 328

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

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

July 30, 1998


Mikoll, J.

On or about March 11, 1996, plaintiff commenced this action by service and filing of a summons with notice seeking a divorce based upon constructive abandonment. The action lay dormant pending the outcome of a custody proceeding initiated by plaintiff in Family Court on March 4, 1996, which culminated in an award of custody to plaintiff in April 1997.

This action was scheduled for trial in June 1997. At a pre-trial conference shortly...

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