Angelo v. Angelo

Defendant has appealed to this court from an order of Supreme Court, Special Term, Chemung County, which denied defendant’s motion to vacate an interlocutory judgment of divorce and to open defendant’s default in appearance in the action. Thereafter, without the substitution of a representative, counsel who had appeared on the motion for the deceased plaintiff obtained an order directing defendant to show cause why such motion should not be dismissed because of the death of the plaintiff, which had occurred while the motion was pending. The memorandum decision of the court at Special Term…