Linger v. Linger

In July 2010, plaintiff commenced this action for divorce by filing a summons with notice and thereafter moved by order to show cause for, among other things, an order authorizing substituted service of the pleadings upon defendant (see CPLR 308 [5]; see also Domestic Relations Law § 232 [b]). After Supreme Court granted that application and defendant was served with a judicial summons with notice, defendant moved to dismiss the divorce proceeding, claiming that the court did not have subject matter jurisdiction because neither party had been a New York resident for a one-year period prior to…