Hinds v. Hinds

In Hinds v. Hinds, (25 Misc 3d 1213[A], 901 N.Y.S.2d 907, 2009 NY Slip Op 52087[U] [Sup Ct, Kings County 2009]), the court vacated a notice of discontinuance that plaintiff served two years after he had served defendant with a complaint. Finding that the discontinuance was untimely and prejudicial to the defendant and the parties' children, the court noted that discovery, which included a full custodial forensic evaluation, was complete, and that further delay in resolving the remaining divorce issues would not be in the children's best interests.