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H and W were married on June 20, 2000, while H was incarcerated and after he had been sentenced in 1999 to 11 years and three months on a conviction for conspiracy to distribute and possess with intent to distribute cocaine. H and W were married on June 20, 2000, while H was incarcerated and after he had been sentenced in 1999 to 11 years and three months on a conviction for conspiracy to distribute and possess with intent to distribute cocaine. This action was commenced on November 29, 2007. H had completed his sentence in 2008, and he was deported to the Dominican Republic. W's papers were rejected by a referee on the grounds that the complaint failed to state a cause of action under Domestic Relations Law § 170 (3) because H's incarceration did not commence after the date of marriage.

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