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NATIELLO v. NATIELLO
Appellate Division of the Supreme Court of New York, Second Department.
Nov 7, 1994
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.
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