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MATTER OF PENA v. LOPEZ

2015-05298, 2015-05300, Index No. V-11789-13.

140 A.D.3d 967 (2016)

34 N.Y.S.3d 115

2016 NY Slip Op 04720

In the Matter of LUIS PENA, Respondent, v. MATILDE M. LOPEZ, Appellant.

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

Decided June 15, 2016.

Ordered that the appeal from the first order dated May 20, 2015, is dismissed, without costs or disbursements, as it was superseded by the "final" order dated May 20, 2015; and it is further,

Ordered that the "final" order dated May 20, 2015, is affirmed, without costs or disbursements.

The parties entered into a stipulation of settlement in May 2009, which was incorporated but not merged into the judgment of divorce. The stipulation provided that the mother...

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