*1 Plaintiff instituted this uncontested action for annulment of the marriage alleging the physical incapacity of defendant. The couple married a few months prior to the commencement of the action, and plaintiff asserted that defendant’s physical incapacity was permanent and non-curable. Defendant submitted an affidavit affirming the undisclosed physical incapacity. The only corroboration of defendant’s presumptive inability to perform was an affidavit from one of plaintiff’s friends who averred that the couple had only dated briefly prior to the marriage and that plaintiff told her that the marriage was unconsummated.“[A] final judgment annulling a marriage may not be rendered ‘without proof of the facts upon which the allegation of nullity is founded.’ The declaration or confession of either party to the marriage is not alone sufficient as proof, but other satisfactory evidence of the facts must be produced’ [citation omitted].”Gabriel v. Gabriel, 274 AD 141, 142 (1st Dept 1948).Further, the facts must not only be corroborated,“but the finding must be supported by substantially convincing evidence. Indeed, the evidence must in these circumstances be subjected to special scrutiny and be so convincing as to prevail against suspicion of collusion…[citation omitted].”Bigaouatte v. Bigaoutte, 135 NYS2d 719, 722 (Sup Ct, Kings County 1954).Despite the fact that the action is uncontested, the court may not absolve itself of its mandate of discretion and dispense with satisfactory proof of the allegations. I v. I, 126 NYS2d 844(Sup Ct, NY County 1953).Typically, in situations in which a physical incapacity forms the ground for the relief requested, a physical examination of the party or, at least, a physician’s affirmation in the case of an uncontested proceeding, is necessary to substantiate the claims. See Zoske v. Soske, 64 NYS2dd 819 (Sup Ct, Monroe County 1946).In the instant matter, the documents provided by the plaintiff, who is represented by an attorney, are insufficient to warrant granting the requested relief.When looking at the Certificate of Dissolution of Marriage, a document required to be included in an uncontested divorce or annulment proceeding, the undersigned Special Referee found that plaintiff is a non-US citizen, born in 1994, and defendant is a US citizen born in 1983. In addition, both parties are female, which begs the question, without being prurient, as to how there can be non-consummation of a marriage between two women?As stated in Anonymous v. Anonymous, 74 NYS2d 899, 902 (Sup Ct, Monroe County 1947),
