IN THE MATTER OF MALLARD v. MALLARD


28 A.D.3d 955 (2006)

814 N.Y.S.2d 758

In the Matter of BARBARA S. MALLARD, Appellant, v. RUSSELL A. MALLARD, Respondent.

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

April 20, 2006.


Mercure, J.P.

The parties were married in 1964 and were divorced in 1976 pursuant to a judgment that incorporated but did not merge their 1974 separation agreement requiring respondent to pay petitioner $300 per month in spousal support. The separation agreement also provided "that as long as [respondent] shall have any obligation respecting alimony hereunder," petitioner "shall immediately advise him in writing of any change in her own residence . . . in the absence...

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