Appellate Division of the Supreme Court of the State of New York January 18, 2011 (Mehl v. Mehl)

*675In an action for a divorce, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Orange County (Ritter, J.), dated February 8, 2010, as denied his motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action and determined that the complaint stated a cause of action for judicial separation on the ground of