| Davidson v Davidson |
| 2008 NY Slip Op 07206 [54 AD3d 988] |
| September 30, 2008 |
| Appellate Division, Second Department |
| Aviva Davidson, Respondent, v Irvin Davidson,Appellant. |
—[*1] Snitow Kanfer Holtzer & Millus, LLP, New York, N.Y. (Franklyn H. Snitow and LeilaMobayen of counsel), for respondent.
In an action for a divorce and ancillary relief, the defendant appeals from a judgment of theSupreme Court, Rockland County (Berliner, J.), entered June 13, 2007, which, upon the denial ofhis request for an adjournment of an inquest on the issue of grounds for the divorce, and after theinquest, dissolved the parties' marriage upon the ground that he had been confined to prison for aperiod of three or more consecutive years.
Ordered that the judgment is affirmed, with costs.
A request for an adjournment is addressed to the sound discretion of the trial court, and itsdetermination will not be disturbed absent an improvident exercise of that discretion (see Mirzoeff v Nagar, 52 AD3d789 [2008]; Atwater v Mace,39 AD3d 573 [2007]; Matter ofPaulino v Camacho, 36 AD3d 821 [2007]; Matter of Sicurella v Embro, 31 AD3d 651 [2006]). Under thecircumstances of this case, the Supreme Court providently exercised its discretion in denying thedefendant's request for an adjournment of the inquest on the issue of grounds for the divorce(see Mirzoeff v Nagar, 52 AD3d at 789; Atwater v Mace, 39 AD3d 573 [2007]; Matter of Sicurella v Embro, 31 AD3d651 [2006]). Lifson, J.P., Florio, Eng and Belen, JJ., concur.