Scully v. Haar

Appeal from an order of the Supreme Court, Erie County (James H. Dillon, J.), entered November 5, 2008 in a divorce ac*1332tion. The order granted the motion of defendant to dismiss the complaint and denied the cross motion of plaintiff for summary judgment.

It is hereby ordered that the order so appealed from is affirmed without costs.

Memorandum: Plaintiff appeals from an order that granted defendant’s motion to dismiss the complaint in this divorce action and denied plaintiffs cross motion for summary judgment seeking a divorce pursuant to Domestic Relations Law § 170 (6). We affirm. “No-fault…