OPINION OF THE COURT
SCOTT FAIRGRIEVE, J.
Respondent's motion to dismiss the petition is denied.
Wayne Rodriguez (hereinafter petitioner) and Diane Greco (hereinafter respondent) were married on September 26, 1996, and were living together, with their children, in the marital residence located at 245 Hallman Avenue, Oceanside, New York 11572. A divorce proceeding was brought 8 years later in 2004, and the divorce was finalized by a judgment of divorce...
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