Anostario v. Anostario

Appeal from an order of the Supreme Court (Teresi, J.), entered July 11, 1997 in Albany County, which, inter alia, dismissed plaintiffs cause of action for divorce.

The sole issue on this appeal is whether Supreme Court abused its discretion in denying the parties’ repeated requests to stipulate to mutual divorces.

The relevant facts are as follows. Plaintiff commenced an action for divorce by service and filing of a summons with notice. Despite defendant’s demand for a complaint, none was served or filed as of June 25, 1997, the date on which trial commenced. *778There was, however, an agreement…