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McGlinchey v. McGlinchey

Appellate Division of the Supreme Court of New York, Second Department
Jun 25, 2002
295 A.D.2d 580 (N.Y. App. Div. 2002)

Opinion

2001-08657

Submitted May 28, 2002.

June 25, 2002.

In a matrimonial action in which the parties were divorced by judgment dated January 29, 1996, the defendant appeals, as limited by his brief, from so much of an amended order of the Supreme Court, Putnam County (Sweeny, J.), dated August 15, 2001, as denied that branch of his motion which was to terminate payments to the plaintiff under a Qualified Domestic Relations Order and to direct the plaintiff to return all payments made pursuant to that Qualified Domestic Relations Order.

Carl F. Lodes, Carmel, N.Y., for appellant.

Lieberman LeBovit, Yorktown Heights, N.Y. (Mitchell P. Lieberman of counsel), for respondent.

Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, NANCY E. SMITH, GLORIA GOLDSTEIN, JJ.


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

The Supreme Court properly denied that branch of the defendant's motion which sought to eliminate payments to the plaintiff under a Qualified Domestic Relations Order (hereinafter QDRO). There is no basis for vacating or modifying the QDRO, which is in accord with the parties' stipulation of settlement (see Hoskins v. Skojec, 265 A.D.2d 706).

The defendant's remaining contention is unpreserved for appellate review.

RITTER, J.P., ALTMAN, SMITH and GOLDSTEIN, JJ., concur.


Summaries of

McGlinchey v. McGlinchey

Appellate Division of the Supreme Court of New York, Second Department
Jun 25, 2002
295 A.D.2d 580 (N.Y. App. Div. 2002)
Case details for

McGlinchey v. McGlinchey

Case Details

Full title:ELAINE McGLINCHEY, respondent, v. KEITH McGLINCHEY, appellant

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

Date published: Jun 25, 2002

Citations

295 A.D.2d 580 (N.Y. App. Div. 2002)
744 N.Y.S.2d 707