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PEARSON v. PEARSON

108 A.D.2d 402 (1985)

Joan Pearson, Appellant, v. Arthur Pearson, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 20, 1985

Attorney(s) appearing for the Case

McCormack & Phillips (Ronald A. Phillips of counsel; Ralph S. Joseph on the brief), for appellant.

Granik, Silverman, Sandberg, Campbell & Nowicki (Paul V. Nowicki of counsel), for respondent.

O'CONNOR and LAWRENCE, JJ., concur with RUBIN, J.; TITONE, J. P., dissents and votes to reverse the order dated April 19, 1983, deny that branch of respondent husband's motion as sought vacatur of an order dated April 7, 1980, and vacate the order dated December 20, 1983, with an opinion.

RUBIN, J.

The parties obtained a New Hampshire divorce decree effective September 6, 1977. Incorporated, but not merged, into that decree was a written stipulation agreement which provided, inter alia, for the payment of alimony to the wife. The alimony provision was specifically made pursuant to New Hampshire Revised Statutes Annotated § 458:19, the New Hampshire alimony statute, which provides...

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