Ordered that the order is modified, on the law, by deleting the provision directing the Clerk of New York County to accept the transferred file under the index number of the parties' previously-discontinued action in New York County; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff commenced an action in New York County in 1993, inter alia, for a divorce and custody of the parties' two children. Prior...
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