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ROSE v. ROSE

47 A.D.3d 790 (2008)

849 N.Y.S.2d 156

RICHARD ROSE, Appellant, v. LAURIE LYNN ROSE, Formerly Known as LAURIE LYN LUDWIG, Respondent.

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

Decided January 22, 2008.

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

Contrary to the plaintiff's contention that the Supreme Court should have punished the defendant for contempt, his cross motion neither asked for such relief (see Matter of Nozzleman 60, LLC v Village Bd. of Vil. of Cold Spring, 34 A.D.3d 680 [2006]; Lyon v Lyon, 259 A.D.2d 525

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