Savino v. Savino

In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Richmond County (Adams, J.), dated August 4, 2006, which granted the plaintiffs motion, in effect, to compel her to accept an untimely complaint and, in effect, denied that branch of her cross motion which was to dismiss the action for failure to timely serve a complaint pursuant to CPLR 3012 (b).

Ordered that the order is affirmed, with costs.

Contrary to the defendant’s contention, the plaintiffs submission of a proposed amended verified complaint and his reference thereto in his motion…