Mangione v Mangione
2005 NY Slip Op 08426 [23 AD3d 1162]
Decided on November 10, 2005
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on November 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PIGOTT, JR., P.J., GREEN, KEHOE, MARTOCHE, AND PINE, JJ.

1229 CA 05-01234

[*1]CHRISTINE M. MANGIONE, PLAINTIFF-APPELLANT-RESPONDENT, ORDER

v

SALVATORE A. MANGIONE, DEFENDANT-RESPONDENT-APPELLANT.



Appeal and cross appeal from an order of the Supreme Court, Monroe County (Alex R. Renzi, A.J.), entered August 27, 2004. The order, inter alia, granted the motion of plaintiff to discontinue her action for divorce and imposed the condition that any subsequent action for divorce would be deemed to have the commencement date of the original action.


JAMES J. PIAMPIANO, ROCHESTER, FOR PLAINTIFF-APPELLANT-RESPONDENT.
BIERNBAUM INCLIMA & MEYER, LLP, ROCHESTER (CHARLES P. INCLIMA OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT.


It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: November 10, 2005
JoAnn M. Wahl
Clerk of the Court