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TABERSKI v. TABERSKI

249 CA 20-00272.

197 A.D.3d 871 (2021)

153 N.Y.S.3d 263

2021 NY Slip Op 04804

Jennifer A. Taberski, Respondent, v. Timothy J. Taberski, Appellant.

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

Decided August 26, 2021.

Attorney(s) appearing for the Case

COLE, SORRENTINO, HURLEY, HEWNER & GAMBINO, P.C., BUFFALO ( DONNA L. HASLINGER OF COUNSEL), FOR DEFENDANT-APPELLANT.

SAKOWSKI & MARKELLO, LLP, ELMA ( JOSEPH SAKOWSKI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Centra, J.P., Carni, NeMoyer, Winslow and Bannister, JJ.

It is hereby ordered that the order insofar as appealed from is reversed on the law without costs, the motion is granted in its entirety, and the matter is remitted to Supreme Court, Genesee County, for further proceedings in accordance with the following memorandum: Plaintiff and defendant were divorced pursuant to a judgment entered in February 2009 that incorporated but did not merge a stipulation of the parties that, inter...

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