McMAHAN v. McMAHAN

2008-02499.

66 A.D.3d 969 (2009)

888 N.Y.S.2d 133

2009 NY Slip Op 7803

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

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

Decided October 27, 2009.


Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The plaintiff's contention that the parties' stipulation of settlement required the defendant to employ a mutually selected childcare provider could have been raised on his prior appeal from an order dated November 30, 2007, which was dismissed for failure to prosecute. Nevertheless, we exercise our discretion to determine the issue on the instant appeal...

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