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ACITO v. ACITO

23 Misc.3d 832 (2009)

874 N.Y.S.2d 367

MARGUERITE ACITO, Plaintiff, v. THOMAS ACITO, Defendant.

Supreme Court, Bronx County.

Decided February 25, 2009.

Attorney(s) appearing for the Case

Lorraine Coyle, Bronx, and Susan Dunn, Bronx, for plaintiff.

Frank T. D'Onofrio, Jr., Scarsdale, for defendant.

OPINION OF THE COURT

ELLEN GESMER, J.

Plaintiff Marguerite Acito (the wife) moves for dismissal of this divorce action, based on the death of defendant Thomas Acito (the husband) on December 9, 2007. Frank T. D'Onofrio, Jr., the court-appointed guardian for the husband prior to his death, opposes the wife's motion and cross-moves for an order substituting the husband's estate for the husband as the defendant in this action, and for entry of a judgment of...

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