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ROCKWELL v. ROCKWELL

2009-07819, (Index No. 19830/82).

74 A.D.3d 1045 (2010)

903 N.Y.S.2d 119

CHARLES ROCKWELL, Respondent, v. PAN ROCKWELL, Appellant.

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

Decided June 15, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

In circumstances where a separation agreement has been incorporated, but not merged, into a judgment of divorce, a court is authorized to modify maintenance obligations even after the term for durational maintenance in the agreement has expired (see Domestic Relations Law § 236 [B] [9] [b]; Malaga v Malaga, 17 A.D.3d 642, 643 [2005]...

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