As so modified, judgment affirmed insofar as appealed from, with costs to plaintiff.
Although we cannot agree with Special Term's finding that the underlying 1965 judgment, which specifically denied a separation decree while awarding custody, support and visitation, can be construed to satisfy the clear requirement of subdivision (5) of section 170 of the Domestic Relations Law that nothing less than a judicial decree of separation be the antecedent of a divorce decree...
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