McMAHAN v. McMAHAN


62 A.D.3d 968 (2009)

880 N.Y.S.2d 120

DAVID BRUCE McMAHAN, Respondent, v. ELENA McMAHAN, Appellant.

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

Decided May 26, 2009.


Ordered that on the Court's own motion, the defendant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

Although the parties agreed in a stipulation dated March 10, 2005, that the mother could relocate to within a 90-mile...

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