CELLO v. CELLO

2018-00581. Index No. 4321/08.

192 A.D.3d 970 (2021)

144 N.Y.S.3d 737

2021 NY Slip Op 01746

Hazel D. Cello, Appellant, v. Patrick L. Cello, Respondent.

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

Decided March 24, 2021.


Attorney(s) appearing for the Case

Alysia R. Baker , Goshen, NY ( Kristen A. Verrino of counsel), for appellant.

Diana L. Kidd , P.C., New Paltz, NY, for respondent.

Rivera, J.P., Connolly, Brathwaite Nelson and Christopher, JJ., concur.


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

In 2008, the plaintiff commenced the instant action for a divorce and ancillary relief in the Supreme Court, Orange County. The parties were divorced by judgment dated January 5, 2012. The judgment of divorce incorporated a stipulation entered into in open court, that provided, in relevant part, that "if at any point in time the [d]efendant's total gross employment earnings equals $100,000.00...

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