Gangloff v. Gangloff

Appellate Division of the Supreme Court of New York

Gangloff v. Gangloff

274 A.D. 1068, 85 N.Y.S.2d 925, 1949 N.Y. App. Div. LEXIS 6093

Appellate Division of the Supreme Court of the State of New York·Decided January 24, 1949·Published·Cited by 1 cases

Opinion

In an action for separation, plaintiff appeals from an order granting defendant’s motion to vacate a separation decree entered October 27, 1948, on defendant’s default in appearing at the hearing before the Official Referee. Order modified on the law and the facts by striking therefrom the provision granting defendant ten days to answer. As so modified, the order is affirmed, without costs. There is no necessity for giving defendant an opportunity to answer. It appears that he served his verified answer on1 June 11, 1948. Johnston, Acting P. J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.

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In an action for separation, plaintiff appeals from an order granting defendant’s motion to vacate a separation decree entered October 27, 1948, on defendant’s default in appearing at the hearing before the Official Referee. Order modified on the law and the facts by striking therefrom the provision granting defendant ten days to answer. As so modified, the order is affirmed, without costs. There is no necessity for giving defendant an opportunity to answer. It appears that he served his verified answer on1 June 11, 1948. Johnston, Acting P. J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.

Gangloff v. Gangloff, 274 A.D. 1068, 85 N.Y.S.2d 925, 1949 N.Y. App. Div. LEXIS 6093 (N.Y. Ct. App. 1949).

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