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HOWARD v. HOWARD

178 Misc.2d 888 (1998)

681 N.Y.S.2d 460

Stanley C. Howard, Plaintiff, v. Susannah P. Howard, Defendant.

Supreme Court, Broome County.

November 16, 1998

Attorney(s) appearing for the Case

Susannah P. Howard, defendant pro se. Sukloff & Schanz, Binghamton (Donald M. Sukloff of counsel), for plaintiff.

ROBERT S. ROSE, J.

In this disposed matrimonial action, the court issued a judgment of divorce based upon the parties' in-court stipulation of settlement on October 16, 1992. In two places that judgment identified the stipulation as being that "which is annexed hereto and made a part hereof", but the decretal ordering paragraph stated only that the stipulation "shall survive and not be merged in the judgment...

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