GARNER v. SANS


27 A.D.3d 1165 (2006)

815 N.Y.S.2d 377

ANNE GARNER, Formerly Known as ANNE A. SANS, Appellant, v. IRA J. SANS, Also Known as JERRY SANS, Respondent.

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

March 17, 2006.


It is hereby ordered that the order so appealed from be and the same hereby is affirmed without costs.

Memorandum:

Supreme Court properly denied the motion of plaintiff seeking, inter alia, a trial on a motion made by plaintiff in 1985 (1985 motion) that remained undecided as well as child support and maintenance arrears. "The decision to deem a motion abandoned rests within the sound discretion of the court" (Krueger v. Wilde [appeal No. 2],

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