Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: The parties, who have one child together, were divorced in May 1996. The judgment of divorce incorporated but did not merge their separation agreement, executed in January 1995. In April 1999 Moneca Weimer (mother) moved, inter alia, to vacate or modify the judgment of divorce (appeal...
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