Tripi v. Tripi , 94 A.D.2d 946 ( 1983 )

Appeal unanimously dismissed as moot, without costs. Memorandum: Because the husband has failed to prove his counterclaim for divorce, his appeal from the order dismissing his separate action for divorce is moot. (Appeal from order of Supreme Court, Erie County, Ricotta, J. — dismiss complaint.) Present — Hancock, Jr., J. P., Callahan, Doerr, Boomer and Moule, JJ.