Opinion
April 5, 2001.
Order and judgment (one paper), Supreme Court, New York County (Walter Tolub, J.), entered February 22, 2000, modifying the parties' judgment of divorce so as to increase defendant's obligation to pay plaintiff child support, after a hearing conducted pursuant to a prior order, same court and Justice, entered August 31, 1999, which declared the child support provisions of the parties' separation agreement, incorporated but not merged into the judgment of divorce, to be void and directed a hearing to recalculate plaintiff's retroactive and prospective child support obligations, unanimously reversed, on the law, without costs, and said order and judgment vacated in view of this Court's prior order reversing the IAS court's order of August 31, 1999 ( 280 A.D.2d 296, Appeal No. 2548N, decided Feb. 6, 2001).
Stephen W. Schlissel, for plaintiff-appellant.
Bruce J. Wagner, for defendant-respondent.
Before: Williams, J.P., Mazzarelli, Wallach, Buckley, Friedman, JJ.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.