[U] D.A. V. B.E‪.‬

D.A. has filed for divorce based upon the grounds of cruel and inhuman treatment against his wife, the defendant, B.E.A., (see DRL Section 170(1)). Mr. and Mrs. A. were married on June 21, 2001, and testimony established that they lived together for a number of years prior to that date. When the couple married, Mr. A was already suffering from asbestosis. By 2003, he was diagnosed with emphysema and by September of that year was found to have lung cancer which necessitated surgery and the removal of one lung. (Subsequent to the September 3rd surgery, he remained on Percocet every four hours and in November, 2004, because of the increasing pain, switched to a morphine derivative.)