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Logan v. Logan

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1995
216 A.D.2d 368 (N.Y. App. Div. 1995)

Opinion

June 12, 1995

Appeal from the Supreme Court, Westchester County (Ruskin, J.).


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

The parties entered into a comprehensive stipulation of settlement in November 1992 which thereafter was incorporated into but not merged with the judgment of divorce.

Even if we assume that the factual assertions set forth in the former husband's affidavit were true, they did not support a downward modification of maintenance and a direction that the noncustodial former wife pay child support (see, Matter of Boden v. Boden, 42 N.Y.2d 210; Praeger v. Praeger, 162 A.D.2d 671). Accordingly, the court did not err in denying, without a hearing, the branches of the former husband's cross motion which sought that relief.

We have reviewed the former husband's remaining contention and conclude that it is without merit. Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.


Summaries of

Logan v. Logan

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1995
216 A.D.2d 368 (N.Y. App. Div. 1995)
Case details for

Logan v. Logan

Case Details

Full title:VICKI LOGAN, Respondent, v. CHRISTOPHER LOGAN, Appellant

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

Date published: Jun 12, 1995

Citations

216 A.D.2d 368 (N.Y. App. Div. 1995)
628 N.Y.S.2d 531

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