Ellis v. Ellis

— Appeal from an order of the Supreme Court at Special Term (Keane, J.), entered May 7,1982 in Tioga County, which denied defendant’s motion to dismiss the action and granted plaintiffs’ cross motion for an extension of time within "which to serve a complaint. This action was commenced by service of the summons with notice on December 22,1980. Defendant’s attorneys served a notice of appearance and demand for the complaint on December 30,1980. When no complaint was served, defendant moved to dismiss the action on September 30, 1981. Plaintiffs cross-moved for an extension of time within which…