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Mazurek v. Mazurek

Plaintiff Fails to Show Dog Improperly Cared-For, Denied Immediate Possession

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Joseph C. Mazurek, Plaintiff v. Kimberly A. Mazurek, Defendant

*1Plaintiff Joseph C. Mazurek and defendant Kimberly A. Mazurek were married on November 29, 2005. While there are no children of the marriage, the couple adopted a dog — Yukon — in 2008. On August 16, 2010, plaintiff commenced an action for divorce in Hamilton County on the grounds of constructive abandonment (see Domestic Relations Law § 170 [2]). While issue was joined in November 2010, the parties apparently reconciled some time thereafter and plaintiff did not proceed with prosecution. The parties’ relationship then deteriorated again and a Separation Agreement was executed on May 31, 2012, which Agreement was filed with the Albany County Clerk on June 14, 2012.1  On August 7, 2017, plaintiff commenced this action for divorce upon the grounds of living separate and apart pursuant to a written separation agreement for a period of one or more years (see Domestic Relations Law § 170 [6]). Presently before the Court is plaintiff’s motion by Order to Show Cause for immediate possession of Yukon and defendant’s motion to dismiss the complaint. The motions will be addressed ad seriatim.Plaintiff’s Motion for Immediate Possession

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