Opinion
July 10, 1967
Order of the Supreme Court, Kings County, dated January 24, 1967, reversed, without costs, and motion denied, without costs. Respondent's motion to discontinue the action for a separation commenced by her in 1959 was unnecessary. We take judicial notice of the fact that our records show that on October 18, 1961, this action was deemed abandoned, and that the complaint and counterclaim were dismissed, pursuant to rule 302 of the former Rules of Civil Practice. Christ, Acting P.J., Brennan, Hopkins, Munder and Nolan, JJ., concur.