Mesiti v. Mongiello
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEgan Jr., J.
Appeal from an order of the Supreme Court (Ledina, J.), entered June 23, 2010 in Sullivan County, which, among other things, granted defendant’s motion to dismiss the complaint.
The parties were married in 1987 and are the parents of two children, born in 1993 and 1998. In April 2008, plaintiff (hereinafter the wife) commenced an action for divorce. In September 2008, respondent (hereinafter the husband) , filed an application seeking sole custody of the children, and a hearing upon that application was scheduled for September 11, 2008. Shortly before that hearing, the parties signed two…
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