Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
The plaintiff's contention that the parties' stipulation of settlement required the defendant to employ a mutually selected childcare provider could have been raised on his prior appeal from an order dated November 30, 2007, which was dismissed for failure to prosecute. Nevertheless, we exercise our discretion to determine the issue on the instant appeal...
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