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District Court of Nassau County, First District, September 28, 2009
APPEARANCES OF COUNSEL
Speal & Speal, Long Beach, for Diane Greco, respondent. Martin S. Vasquez, Corona, for petitioner.
{**25 Misc 3d at 1013} OPINION OF THE COURT
Scott Fairgrieve, J.
Respondent's motion to dismiss the petition is denied.
Wayne Rodriguez (hereinafter petitioner) and Diane Greco (hereinafter respondent) were married on September 26, 1996, and were living together, with their children, in the marital residence located at 245 Hallman Avenue, Oceanside, New York 11572. A divorce proceeding was brought eight years later in 2004, and the divorce was finalized by a judgment of divorce rendered in the Nassau County Supreme Court on September 8, 2008. The judgment of divorce regarded the marital domicile as a "separate property of [the husband]." Furthermore, it was adjudged that the wife must "remove from the former marital residence no later than 3 months following the entry of final judgment." If the wife was unable to obtain suitable housing in the area, the judgment of divorce provided that respondent may "move for a reasonable extension of this deadline upon showing a bona fide diligent effort." However, before the divorce was finalized, petitioner claims that respondent entered into possession of the marital residence by way of an oral license made on October 31, 2007, which expired on March 30, 2009. Thus, accordingly, on March 19, 2009, a 10

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