Greisman v. Greisman

*410OPINION OF THE COURT

Jeffrey S. Sunshine, J.

This court is called upon to determine whether or not a waiver of the right to answer, submitted as part of an uncontested divorce packet, constitutes a responsive pleading vitiating the ability of a plaintiff husband to voluntarily discontinue an action without court permission. Plaintiff has moved by notice of motion for permission to voluntarily discontinue his cause of action pursuant to CPLR 3217 (a) (1). Defendant has moved for an order enforcing this court’s pendente lite order of support of October 20, 2004.

Defendant has previously moved…