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ESSER v. ESSER

277 A.D.2d 926 (2000)

716 N.Y.S.2d 257

KAREN E. ESSER, Respondent, v. ROBERT ESSER, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided November 13, 2000.

Judgment unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Supreme Court erred in denying defendant's motion to dismiss the complaint in this action for divorce. Contrary to Supreme Court's conclusion, plaintiff failed to sustain her burden of establishing that she "has been a resident [of New York] for a continuous period of one year immediately preceding" commencement of this action (Domestic Relations

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