Nolletti v. Nolletti

— In an action for a divorce and ancillary relief, the defendant husband appeals from (1) an order of protection of the Supreme Court, Westchester County (Shapiro, J.), dated January 6, 2003, which, upon the filing by the plaintiff wife of a family offense petition with the Family Court, and the referral of that petition to the Supreme Court, and after a hearing, inter alia, directed him to vacate the marital residence, and (2) so much of an order of the same court entered February 14, 2003, as denied that branch of his motion which was, in effect, to dismiss the complaint pursuant to CPLR…