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Nyman v Nyman 2009 NY Slip Op 30608(U) March 24, 2009 Supreme Court, Greene County Docket Number: 08-0522 Judge: Joseph C. Teresi Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication.

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STATE OF NEW YORK SUPREME COURT PETER JOHN NYMAN, Plaintiff, -againstANA V. NYMAN aJk/aANA VALERIA DORNELLES NYMAN ,

COUNTY OF GREENE

DECISION and ORDER INDEX NO. 08-0522 RJI NO. 19-08-3698

Defendants. Supreme Court Greene County All Purpose Term, March 11,2009 Assigned to Justice Joseph C. Teresi APPEARANCES: Donald M. Zolin, Esq. Attorney for Plaintiff 61 Broadway, Suite 1105 New York, New York 10006 Law Office of Demostene Romanucci Joseph A. Glazer, Esq., of counsel Attorney for Defendant 950 Loudon Road, Suite 103 Latham, New York 12110 TERESI, J.: On March 31, 2008, plaintiff commenced this divorce action with a complaint that set forth a single cause of action sounding in defendant's adultery. Defendant answered, denying the complaint's allegation of adultery, and counterclaimed for divorce. Plaintiffs reply denied defendant's counterclaims, and purportedly added two causes of action without court order. J Discovery has been conducted and is now complete, with a note of issue filed and a trial date set to begin within two weeks.

J"A reply should not be used by the plaintiff to amend the complaint or to set forth new matter." (Siegel, NY Practice

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