Saljoughy v. Saljoughy

Appeal from an order of the Supreme Court at Special Term (Shea, J.), entered May 27, 1983 in Schenectady County, which, • inter alia, denied plaintiff’s motion to vacate a note of issue filed by defendant. Following joinder of issue in *936this contested divorce action, an order was made on December 16, 1982 awarding plaintiff temporary maintenance and counsel fees. On January 19, 1983, defendant’s attorney sent a written request for adjournment without date of defendant’s examination before trial. Defendant both failed to reschedule the deposition or to furnish his financial statement pursuant…