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ACITO v. ACITO

2528, 2528A, 5678/03

72 A.D.3d 493 (2010)

898 N.Y.S.2d 133

MARGUERITE ACITO, Respondent, v. THOMAS ACITO, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 13, 2010.

Although the cross movant, defendant's son, is a nonparty in this divorce action, he is aggrieved by the denial of his cross motion, and thus has standing to prosecute this appeal (Ricatto v Ricatto, 4 A.D.3d 514, 515 [2004]). Nevertheless, the court properly dismissed this action, since a divorce action abates upon the death of one of the parties, unless the court has made a final adjudication of divorce but has not performed...

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