SMULCZESKI v. SMULCZESKI


40 A.D.3d 742 (2007)

833 N.Y.S.2d 900

SUSAN SMULCZESKI, Appellant-Respondent, v. RICHARD SMULCZESKI, Respondent-Appellant.

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

Decided May 8, 2007.


Ordered that the order is reversed insofar as appealed and cross-appealed from, without costs or disbursements, and the motion and cross motion are granted.

Under the particular facts of this case, including that the relief in question has been requested by the parties themselves, the motion and cross motion should have...

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