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SMITH v. SMITH

59 A.D.3d 905 (2009)

874 N.Y.S.2d 300

HANNELORE F. SMITH, Respondent, v. GARY C. SMITH, Appellant.

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

Decided February 26, 2009.

MALONE Jr., J.

Plaintiff and defendant were married on July 2, 1988 and have three children. On January 11, 2000, plaintiff commenced this action for divorce against defendant alleging cruel and inhuman treatment and constructive abandonment. The parties subsequently entered into a divorce settlement agreement addressing various matters, including the division of defendant's pension with the New York State and Local Retirement System. The agreement provided that the...

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