Appellate Division of the Supreme Court of the State of New York January 18, 2001 (McMahon v. McMahon)

Order, Supreme Court, New York County (Joan Lobis, J.), entered on or about January 24, 2000, which, inter alia, denied defendant-husband’s motion to vacate the plaintiff-wife’s notice of discontinuance of the action, unanimously affirmed, without costs.

The wife commenced an action for divorce by service on the husband of a summons, but no complaint, on April 1, 1998.