It is hereby ordered that the decree so appealed from be and the same hereby is unanimously modified on the law by striking the third, fourth and fifth decretal paragraphs and as modified the decree is affirmed without costs and the matter is remitted to Surrogate's Court, Monroe County, for further proceedings in accordance with the following memorandum: Respondent appeals from a decree that, inter alia, determined that petitioner's assignment to respondent of 40% of petitioner...
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