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DIVITTORIO v. DIVITTORIO

36 A.D.3d 848 (2007)

829 N.Y.S.2d 193

THERESA DIVITTORIO, Respondent, v. JOSEPH DIVITTORIO, Appellant.

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

Decided January 30, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

On May 18, 1998 the parties entered into a stipulation of settlement in the mother's action for a divorce, awarding the mother custody of their daughter, with the father having visitation. The stipulation of settlement was incorporated but not merged into the judgment of divorce entered November 20, 1998. The father moved, inter alia, to change residential...

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