Ordered that the order is affirmed, with costs.
We agree with the Hearing Officer's conclusion that both parties were dilatory in complying with the terms of the stipulation which they entered into at the time of their divorce in 1979, under which the defendant husband had the right to purchase the plaintiff wife's share in the marital residence. This mutual waiver of rights and obligations distinguishes the instant case from our decision in Marinello v Marinello...
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