HANNIGAN v. HANNIGAN


50 A.D.3d 957 (2008)

857 N.Y.S.2d 200

BARBARA HANNIGAN, Respondent, v. THOMAS HANNIGAN, Appellant.

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

Decided April 22, 2008.


Ordered that the judgment is reversed insofar as appealed from, on the law, with costs.

On appeal, the defendant contends that two decretal paragraphs contained in the judgment of divorce were inserted by the Supreme Court sua sponte and were not the subject of the final oral stipulation of settlement made between the parties in open court. The disputed paragraphs award the plaintiff 50% of the marital portion of the defendant's New York State Local Retirement System...

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