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DUNHAM v. DUNHAM

214 A.D.2d 961 (1995)

626 N.Y.S.2d 932

Joann Dunham, Respondent, v. Stephen Dunham, Appellant

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

April 28, 1995

Order unanimously reversed on the law without costs and motion denied.

Memorandum:

We reject the contention of defendant that reversal is required because Supreme Court modified the parties' separation agreement after a proceeding commenced by motion, rather than in a plenary action (cf., Frieland v Frieland, 200 A.D.2d 484). Although it is improper to modify the terms of a separation agreement on motion, where...

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