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BACKHAUS v. BACKHAUS
Appellate Division of the Supreme Court of New York, Second Department.
Nov 26, 2001
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ORDERED that the appeal from the order dated October 31, 2000, is dismissed on the ground that it was superseded by the order dated January 23, 2001, made upon reargument; and it is further,
ORDERED that the order dated January 23, 2001, is affirmed insofar as appealed from; and it is further,
ORDERED that the defendant is awarded one bill of costs.
The child support provisions of the parties' separation agreement did not comply with Domestic Relations Law ยง 240(1-b)(h). Accordingly, those provisions were properly vacated (see, Lepore v. Lepore, 276 A.D.2d 677, 678).
KRAUSMAN, J.P., S. MILLER, SMITH and CRANE, JJ., concur.
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