Order unanimously reversed on the law without costs, complaint reinstated and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: The parties were married in 1969 and have two children, born in 1974 and 1978. Plaintiff left the marital residence in October 1996 and commenced this action for divorce in February 1998 alleging cruel and inhuman treatment (see, Domestic Relations Law § 170 [1]). Following a hearing...
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