IN THE MATTER OF LINDA P.J. v. GARY S.J.


30 A.D.3d 279 (2006)

818 N.Y.S.2d 26

In the Matter of LINDA P.J., Appellant, v. GARY S.J., Respondent.

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

June 20, 2006.


Whatever confusion there may have been as to what relief the pro se petitioner was seeking, and whatever the $3,500 in monthly maintenance was used for or what the parties believed the $3,500 constituted, the parties' stipulation (which survived but was not merged in the divorce judgment) and the judgment clearly define it as spousal maintenance, and petitioner is entitled to seek enforcement of that provision. The support magistrate erroneously dismissed the petition for...

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