Natiello v. Natiello

Full title: DOREEN P. NATIELLO, Respondent, v. THOMAS L. NATIELLO, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 7, 1994

209 A.D.2d 389 (N.Y. App. Div. 1994)

619 N.Y.S.2d 600

Opinion

November 7, 1994

Appeal from the Supreme Court, Nassau County (O'Shaugnessy, J.).

Ordered that the order is affirmed, with costs.

We find that the Supreme Court properly exercised its discretion in denying the husband's motion. The husband's delay of almost a year in bringing the matter to the court's attention supports a finding that the motion, which was made on the eve of trial, was made in bad faith, in order to delay the proceedings, or to secure a tactical advantage (see, Lucci v. Lucci, 150 A.D.2d 650, 652; Severino v. DiIorio, 186 A.D.2d 178, 180). Sullivan, J.P., Rosenblatt, Altman, Hart and Friedmann, JJ., concur.