Packer v. Packer

David F. Lee, Jr., J.

In this action plaintiff seeks a judgment of divorce against the defendant pursuant to subdivision (2) of section 170 of the Domestic Relations Law, abandonment for two or more years. The defendant is in default, and a certificate of “no necessity for any conciliation conference” was issued by the Conciliation Commissioner on September 30, 1967. The plaintiff’s proof has been heard by the court.

The question here involved is whether the plaintiff is required to wait an additional two years of abandonment beyond September 1, 1967, the effective date of the statute often…