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In this case, the petitioner filed against the respondent to whom she is married and has one child. The petitioner received a temporary order for protection against the respondent. This was ordered to direct the respondent to cease from all communications with the petitioner, except those relating to the care of the child. Through various court appearances, the order was extended. The petitioner filed various violation petitions.

The violation petitions were consolidated. The court concluded that she failed to prove a family offense petition, but the court sustained the violation petition and issued a one-year final protection order.

The respondent appealed, and the appellate court affirmed. One dissenting justice claimed that the family court lacked jurisdiction for the final order because the family offense petition had been dismissed [147 AD3d 675]. The court certified to this court regarding this issue.

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2018 NY Slip Op 01076


This is an appeal from Westchester County Supreme Court. The order that is under appeal deals with branches of the defendant’s motion which addresses stipulations between the parties from a settlement back in 1997. According to the stipulation, the plaintiff was to receive a 50% share of a 401K as of the date of the stipulation and wasn’t due any portion of a supplemental employee retirement plan. The cross-motion to enforce this stipulation was denied, which directed the defendant to pay the 50% share of the value of the 401K and the employee retirement plan from the date of the plaintiff’s retirement.

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