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RALPH R. FERNEY, Appellant-Respondent, v. LESLIE G.F. FERNEY, Respondent-Appellant.

We agree with the IAS court that the arbitrator exceeded his power by permanently terminating plaintiff's obligation to support defendant as of December 31, 1993, the parties' agreement specifically providing for such termination only upon certain contingencies, none of which occurred (see, Hirsch v. Hirsch, 45 A.D.2d 167, affd 37 N.Y.2d 312). Should the parties fail to reach an agreement on support after 1993, they may once again resort to arbitration (supra). We have considered all other claims and find them to be without merit.

Concur — Murphy, P.J., Ellerin, Kupferman, Ross and Rubin, JJ.

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FERNEY v. FERNEY
(Jun 9, 1992)