DWYER v. De LA TORRE


252 A.D.2d 695 (1998)

675 N.Y.S.2d 412

Patrick N. Dwyer, Appellant, v. Amailia E. De La Torre, Respondent

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

July 9, 1998


Spain, J.

Plaintiff and defendant were married in 1979 and are the parents of three children born 1980, 1981 and 1984. In March 1995, plaintiff commenced this action for divorce and, in August 1997, the matter came before Supreme Court for trial. Following a conference, the parties entered into an open-court stipulation and executed an opting-out agreement which covered, among other things, custody and visitation. The stipulation was read into the record...

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