Colascione v. Colascione

Plaintiff seeks a judgment of divorce from her husband for the reason that he has been confined to prison *200for a period in excess of three years (Domestic Relations Law, § 170, subd. [3]).

The defendant defaulted in answering. Since this court heard plaintiff’s testimony the 'Court of Appeals has reversed the defendant-husband’s conviction and directed a new trial (People v. Colascione, 22 N Y 2d 65). Thus the question arises as to whether or not the plaintiff may have judgment in view of the fact that the.defendant’s conviction is not final. He was sentenced on several grounds and the longest…