Legal Opinion
Acito v. Acito
New York Supreme Court
Decided February 25, 2009PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Ellen Gesmer, J.
Plaintiff Marguerite Acito (the wife) moves for dismissal of this divorce action, based on the death of defendant Thomas Acito (the husband) on December 9, 2007. Frank T. D’Onofrio, Jr., the court-appointed guardian for the husband prior to his death, opposes the wife’s motion and cross-moves for an order substituting the husband’s estate for the husband as the defendant in this action, and for entry of a judgment of divorce nunc pro tunc. For the reasons set forth below, the court grants the wife’s motion and denies Mr. D’Onofrio’s cross motion.
Facts
The…
2Cases cited15 opinions
- Dondi v. JonesNew York Court of Appeals · 1976
- Matisoff v. DobiNew York Court of Appeals · 1997
- Cornell v. CornellNew York Court of Appeals · 1959
- Harrington v. HarringtonAppellate Division of the Supreme Court of the State of New York · 1984
- Natole v. NatoleAppellate Division of the Supreme Court of the State of New York · 1998
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3Cited by2 opinions
- Acito v. AcitoAppellate Division of the Supreme Court of the State of New York · 2010
- Defilippi v. DefilippiNew York Supreme Court · 2015