COVINGTON v. WALKER


307 A.D.2d 908 (2003)

762 N.Y.S.2d 906

RHONDA COVINGTON, Appellant, v. CARLTON WALKER, Respondent.

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

Decided August 4, 2003.


Ordered that the order is affirmed, without costs or disbursements.

In this action for a divorce commenced on or about April 12, 2000, the plaintiff moved for summary judgment on the ground that the defendant had been imprisoned for three or more continuous years. It is undisputed that the defendant has been continuously incarcerated from January 1984 to the present time.

We find that the Supreme Court properly dismissed the action as time-barred under the...

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