GM v. RVC-M
Special Referee Jeffrey A. Helewitz
Husband GM commenced this uncontested divorce proceeding alleging jurisdiction was based on his residence in New York State of a continuous period over two years immediately preceding commencement of this action. Missing information of wife RVC-M revealed she was not a United States citizen, did not possess a social security number, nor resided in the state. Also, GM's affidavit was notarized in Rhode Island, raising questions of his residency. GM submitted the affidavit of an alleged roommate who claimed GM resided with him in NY during the requisite period. GM was unable to substantiate such claim with proof, and a hearing was ordered in which GM's counsel claimed documentary proof was destroyed. The court noted GM failed to meet his burden of establishing he resided in NYS, finding all his alleged proof of residency submitted only substantiated the roommate lived in NY for the requisite period, not GM. It also rejected GM's assertion all of his documentation was destroyed, finding same "hardly credible." The court stated to prove residency if challenged required submission of a lease or utility bills or a driver's license. Consequently, GM's action was dismissed for failing to provide the necessary proof.