Vincent v. Vincent

OPINION OF THE COURT

Richard F. Kuhnen, J.

On July 18, 1979 the court granted a decree of divorce to the plaintiff by default. The decree granted child custody to *864the wife, child support of $40 per week, and referred to the Family Court the issue of alimony. The defendant moves to vacate the reference and to set aside an award of alimony by the Family Court.

The action was commenced by the service of a summons without the complaint. The summons contained the notice required by subdivision a of section 232 of the Domestic Relations Law as to the nature of the action but failed to include mention…