HOLLOWAY v. HOLLOWAY


35 A.D.3d 1126 (2006)

827 N.Y.S.2d 729

BETTE M. HOLLOWAY, Respondent, v. BRIAN D. HOLLOWAY, Appellant.

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

Decided December 28, 2006.


Kane, J.

The parties' 1997 judgment of divorce incorporated, but did not merge, their prior stipulation of settlement. In the stipulation, defendant obtained custody of the parties' four children and agreed to pay plaintiff maintenance until, among other things, plaintiff failed "to exercise any access to her children for 45 continuous days." Both parties and the children were New York domiciliaries at the time of the divorce, but plaintiff moved to Massachusetts...

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