Tutt v. Tutt
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action for a divorce and ancillary relief, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (MacKenzie, J.), dated February 29, 2008, as granted that branch of the defendant’s motion which was to vacate the plaintiffs notice of discontinuance.
Ordered that the order is affirmed insofar as appealed from, with costs.
In December 2005 the husband commenced this divorce action by filing a summons with notice. He served the wife in April 2006 and she filed a demand for the complaint. In a preliminary conference stipulation and order…
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