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WHITNEY v. WHITNEY

254 A.D.2d 274 (1998)

678 N.Y.S.2d 290

Robert Whitney, Respondent, v. Elaine Whitney, Appellant

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

October 5, 1998

Ordered that the order dated June 6, 1997, is reversed, with costs, the plaintiff's motion to "vacate and rescind" the order dated January 22, 1996, is denied, the order dated January 22, 1996, is reinstated, and the matter is remitted for a hearing to determine the defendant's application to set aside the judgment of divorce and the stipulation of settlement.

This record does not establish that the parties agreed that their...

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