HAMMACK v. HAMMACK


291 A.D.2d 718 (2002)

737 N.Y.S.2d 702

EVELYN N. HAMMACK, Appellant, v. DAVID B. HAMMACK, Respondent. ALAN J. BURCZAK, as Law Guardian, Appellant.

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

Decided February 21, 2002.


Mugglin, J.

Plaintiff and defendant were married July 9, 1976. During the time they cohabited, four children were born, and their ages now range from 9 to 18 years. Plaintiff commenced this action for divorce in 1995. In 1998, to resolve the parties' cross motions, the issue of permanent custody was litigated. After five days of testimony, the hearing ended in a stipulation in which defendant agreed that plaintiff would have custody,

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