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BOURJOLLY v. MOUSCARDY

5398, 307730/09.

85 A.D.3d 627 (2011)

925 N.Y.S.2d 821

2011 NY Slip Op 5413

RENE J. BOURJOLLY, Appellant, v. AMANDA MOUSCARDY, Respondent.

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

Decided June 23, 2011.

Dismissal of this divorce action for failure to satisfy the two-year residency requirement of Domestic Relations Law § 230 (5) is warranted. Although the residency requirement of the statute is not jurisdictional in nature (see Lacks v Lacks, 41 N.Y.2d 71, 73 [1976]; see also Casey v Casey, 39 A.D.3d 579, 579-580 [2007]), and is a substantive element of the cause of action to be proven...

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