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DUHAMEL v. DUHAMEL

188 Misc.2d 754 (2001)

729 N.Y.S.2d 601

MARTHA DUHAMEL, Now Known as MARTHA MACMILLAN, Plaintiff, v. KEVIN DUHAMEL, Defendant.

Supreme Court, Monroe County.

June 28, 2001.

Attorney(s) appearing for the Case

Davidson, Fink, Cook, Kelly & Galbraith, L. L. P. (Gregory J. Mott of counsel), for defendant.

Michael L. Calvete for plaintiff.

OPINION OF THE COURT

DAVID D. EGAN, J.

This is a case of first impression. Defendant, and former husband, seeks postjudgment declaratory relief precluding this Court from executing a qualified domestic relations order (QDRO). Defendant claims the entry of the QDRO is time barred under Civil Practice Law and Rules § 213 (1) and (2). Plaintiff, and former wife, opposes defendant's application and cross-moves for entry of the QDRO. The parties' judgment...

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