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MILLER v. MILLER

304 A.D.2d 727 (2003)

759 N.Y.S.2d 123

CARMEN MILLER, Appellant, v. RUSSELL MILLER, Respondent.

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

Decided April 21, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

This action for a divorce and ancillary relief was commenced in 1988. However, the defendant husband continued to live in the marital residence, and the action remained inactive until 1999. The plaintiff wife claims that the parties reconciled during that period. The defendant ultimately vacated the marital residence, and the plaintiff served an amended...

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