Stein, J.
The parties were married in Maryland in 1987, had a daughter (born in 1990) and were subsequently divorced in Albany County in 1994 while plaintiff was living in New York with the parties' child and defendant was residing in California. The parties' settlement agreement provided, among other things, that they would equally share their child's postsecondary educational expenses and that the agreement would be incorporated, but not merged, into the judgment...
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