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FILIPPO v. HOBBS

2009-05812.

81 A.D.3d 918 (2011)

917 N.Y.S.2d 585

AUGUSTIN J. SAN FILIPPO, Appellant, v. ALBERT ALLEN HOBBS, Formerly Known as ALBERT ALLEN HOBBS SAN FILIPPO, Respondent.

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

Decided February 22, 2011.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly held that the instant action challenging a stipulation of settlement, merged into a judgment of divorce dated April 12, 1977, on the basis of alleged misconduct by the plaintiff's former wife in securing the judgment of divorce, was an improper collateral attack upon the judgment of divorce (see Rainbow v Swisher, 72 N.Y.2d 106, 109 [1988]...

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