Fetner v Giacopelli
2005 NY Slip Op 05251 [19 AD3d 539]
June 20, 2005
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 24, 2005


Ellen Fetner, Appellant,
v
John C. Giacopelli, Respondent.

[*1]In an action, inter alia, for a judgment declaring the existence of a common-law marriage under the laws of the State of Pennsylvania, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Stack, J.), dated April 23, 2004, as granted that branch of the defendant's motion which was to dismiss the complaint for failure to state a cause of action.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly determined that the complaint failed to state a cause of action. Florio, J.P., Adams, Mastro and Lifson, JJ., concur.