BIRR v. BIRR


70 A.D.3d 1221 (2010)

895 N.Y.S.2d 252

CHRISTOPHER T. BIRR, Appellant, v. LYNDA BURNETT BIRR, Respondent.

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

Decided February 18, 2010.


Malone Jr., J.

Plaintiff commenced this action for divorce in July 2006. On April 27, 2007, the date the action was set for trial, the parties placed an oral stipulation on the record in open court addressing issues of child custody, child support, visitation, spousal maintenance and equitable distribution. The oral stipulation required plaintiff to withdraw his complaint and his custody petition. The oral stipulation also...

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