It is hereby ordered that the judgment so appealed from is unanimously modified on the law by remitting the matter to Supreme Court, Monroe County, for further proceedings in accordance with the memorandum and as modified the judgment is affirmed without costs.
Memorandum:
We affirm the judgment of divorce in this case in all but one respect. We note at the outset that, although defendant erroneously appeals from an order rather than from the judgment of divorce...
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