Order unanimously affirmed with costs.
Memorandum:
Petitioner instituted this proceeding pursuant to article 4 of the Family Court Act purporting to enforce a "maintenance" provision in the parties' "Opting Out Agreement", which was incorporated but not merged into a judgment of divorce. The agreement contains an acceleration clause, which provides that, if respondent fails to make periodic payments when due, the balance of the payments required under the...
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