A New York state judge who withheld his decision in a divorce case because he thought adoption of a no-fault divorce bill by the state Legislature was imminent has gone ahead and denied the divorce.

Supreme Court Justice Robert A. Ross of Nassau County wrote in Molinari v. Molinari, 201728-05, that Jeffrey T. Molinari failed to prove a prima facie case of constructive abandonment, a fault-based form of divorce defined as the refusal of a spouse to engage in sexual relations for at least a year despite repeated requests from the other spouse. Since it was Molinari who left the couple’s Manhasset, N.Y., residence, his claims of making repeated requests to resume relations with his wife, Paula, are “incredulous,” Ross wrote.

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