proceedings--Made sin record

          THE COURT: Very good. All right.   This had been -- Mr. Southard, do you have any information -- before we proceed with respect to the equitable distribution portion, on the last adjourn date the Court indicated it would continue with the trial today at 2:15. It's now three o'clock. Do you have any information or does your client have any information with respect to the reasons why the defendant in this action is not present? 

         MR. SOUTHARD: Neither I nor my client has any information with respect to the whereabouts of the defendant.

      THE COURT: All right. Then I will permit you to proceed with your inquiry.  You're asking that this be introduced as Petitioner's?

         MR. SOUTHARD: I believe 3. Either 2 or 3. We have the video, the video and the marriage certificate were the first two exhibits, so this would be Petitioner's 3.

         MR. SOUTHARD Q: I am going to show you a copy of what's been marked Plaintiff's 3.  Do you recognize that document?  /A: Yes, I do.

         MR. SOUTHARD Q: And I'm going to draw your attention to the last page of the document, page 14. And I'm going to refer specifically to the line that -- I'm pointingto which is labeled petitioner/plaintiff. Do you see a signature there?    /A: Yes.

          MR. SOUTHARD Q: And who's signature is that? / A :My signature.

               ........

         THE COURT: I am also asking was there any other property being alleged to be marital property. /    A : No, your Honor.

             ..........

          THE COURT: All right. Anything further, Mr. Southard? 【P77】

           MR. SOUTHARD: ......your, Honor, I'd ask that each party be put back into the position they would have been had there been no marriage  .....   .

           THE COURT: It is now -- do you have any other witnesses or any other documents to put into evidence?

           MR. SOUTHARD: No, your Honor.

           THE COURT: All right. You're resting, is that correct?          

            MR. SOUTHARD: That's correct, your Honor.

           THE COURT: It is now 3:15. The defendant has failed to appear on this continued matrimonial trial, so the testimony is closed. The defendant has not testified, has not placed any documents into evidence.   The Court notes that 【--p79--】previously the Court precluded the defendant from offering any financial information based upon his failure to comply with the Court's orders with respect to discovery. And even if the defendant had appeared today in court, he would be precluded from offering any financial information. I'm going to take a very brief recess and the Court will make it's ruling on the record.  (Whereupon, a brief recess was taken after which the proceedings continued as follows:) Thank you. All right. We're back on the record. Thank you for your patience, Mr. Southard. Before the Court proceeds, the requirements under the Domestic Relations Law requires that for a finding of annulment there must be corroboration. Is there anything that you're offering with respect to corroborate the Proceedings 80 petitioner's position that this was a fraudulent marriage other than her own testimony?   

         MR. SOUTHARD: I would offer, your Honor, that the videotape corroborates, at least in part, what her claim is.    ....... And I think that that certainly corroborated and that part of the overall pattern of behavior which, I would suggest, is indicative of the fraud for immigration purposes.     ....... And I would suggest at least that portion of it, I don't believe that the law requires that all of it be corroborated. I just think that in part some of it needs to be corroborated.

            THE COURT: The Court was just handed Proceedings 81 two sheets of paper that, it was reported to the Court, were delivered to the Supreme Court desk on the 18th floor. The first is a letter titled excuse slips from the Universal Medical Service,... in Brooklyn, dated 10/17. Mr .F is seen and examined by me today. ...   And there is no signature.  There is a stamp of  X..... no signature.     In addition, in this envelope is a letter dated August 21, 2009, from So Kam Chan. .......  Now, Mr. Southard, I am going to ask what your position is with respect to the Court's rendering a decision in this matter today?

           MR. SOUTHARD: --well, Judge, ....

           THE COURT: So you are asking the Court to go forward then?

           MR. SOUTHARD: Yes, your Honor.

           THE COURT: All right. Based on the application, the Court finds -- and again this note is not in evidence but it was handed to the Court while the Court was deliberating prior to rendering it's decision.   The Court also notes that this note arrived in the afternoon and it's now ten minutes after four, after the conclusion of the testimony in this matter. So the Court is going to conclude -- has concluded the proceeding and is 【-p84-】 going to render its final decision. ......    She testified that when she refused to participate in the immigration matter -- and the Court notes, while it’s not in evidence, the note that was attached to the defendant's request for an ajournment in fact contained a copy of the 【-P86-】 wife's letter in which she is informing the immigration authorities of her unwillingness to cooperate. And this is not in evidence, but the Court notes that that this was in the possession of someone who brought information to the court today......  

......    Counselor, are you asking to conform the pleadings to the proof?

           MR. SOUTHARD: Yes, your Honor.

          THE COURT: All right. And your client is using her own name; is that correct? 

          MR. SOUTHARD: That's correct, your Honor.

          THE COURT: All right. Judgment of divorce is granted to the wife and annulment of the marriage. The Court grants the annulment request by the wife and finds sufficient grounds to annul the marriage based upon the grounds of fraud.

          In addition, should counsel choose to 【-p89-】 proceed on this, the Court finds that the wife has made a sufficient submitted sufficient proof for the Court to grant a divorce on the grounds of cruel and inhuman treatment.

         Settle judgment on notice within 60 days.

  * *It is hereby certified that the foregoing is a true and accurate transcript of the proceedings. M S  Official court Reporter