96 A.D.2d 832 | N.Y. App. Div. | 1983
In a divorce action, plaintiff appeals from an order of the Supreme Court, Suffolk County (Geiler, J.), dated October 4,1982, which dismissed her motion for pendente lite relief, and granted defendant’s cross motion to dismiss the complaint. Order modified, by (1) deleting the provision dismissing plaintiff’s motion for pendente lite relief, and reinstating that motion, and (2) granting defendant’s cross motion only insofar as it dismissed plaintiff’s causes of action for divorce and separation. As so modified, order affirmed, without costs or disbursements, and matter remitted to Special Term for further proceedings. Plaintiff wife and defendant husband, an army officer, were married on June 10,1978, in Northport, New York. They lived for a short time in Indiana until the' husband was assigned to a position in Germany. They then lived together in Germany for almost two and one-half years. A child was born in January, 1981, but difficulties in the marriage resulted in the wife leaving the husband in April of that year. The wife returned with the child to her parents’ home in East Northport, New York, where she has remained until the present time.