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SCHEU v. VARGAS

4 Misc.3d 375 (2004)

778 N.Y.S.2d 663

CHRISTINA M. SCHEU, Plaintiff, v. GERALDO J. VARGAS, Defendant.

Supreme Court, Rensselaer County.

May 28, 2004.

Attorney(s) appearing for the Case

Christina M. Scheu, plaintiff pro se.

Geraldo J. Vargas, defendant pro se.

OPINION OF THE COURT

GEORGE B. CERESIA, JR., J.

Plaintiff seeks a judgment of divorce based upon defendant's confinement in prison for a period of three or more consecutive years after the marriage, pursuant to Domestic Relations Law § 170 (3). In support of her application she offers a copy of the verified complaint wherein she alleges that defendant was incarcerated during August 1999. Plaintiff further alleges that

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