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In the Matter of NELLY VASQUEZ-MERCED, Respondent, v. CARLOS A. PIOVANETTI-LOPEZ, Appellant.

Family Court correctly held that the parties' stipulation, approved by the Superior Court of Puerto Rico in August 1994, resolved any issues raised by respondent's application for downward modification made in March 1994. In any event, even if we were to deem the instant application as one newly made after approval of the stipulation ( cf., Matter of Funt v. Funt, 65 N.Y.2d 893), we would find no change in respondent's circumstances since that time warranting a downward modification.

Concur — Sullivan, J.P., Rosenberger, Rubin and Andrias, JJ.

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MATTER OF VASQUEZ-MERCED v. PIOVANETTI-LOPEZ
(Oct 16, 1997)