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LAHEY v. LAHEY

1287 CA 09-01005

68 A.D.3d 1656 (2009)

2009 NY Slip Op 9747

892 N.Y.S.2d 709

JAMES R. LAHEY, Appellant, v. KATHRYN E. LAHEY, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 30, 2009.

It is hereby ordered that the amended order so appealed from is unanimously modified on the law by vacating the second, third and fourth ordering paragraphs and as modified the amended order is affirmed without costs, and the matter is remitted to Supreme Court, Onondaga County, for a hearing in accordance with the following memorandum: In 2004 the parties entered into an Opting Out Agreement (Agreement) that was incorporated but...

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