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JUDITH LA PORTE, Respondent, v. GEORGE LA PORTE, Appellant. (Appeal No. 1.)

Judgment unanimously modified in accordance with memorandum and, as modified, affirmed, without costs. Memorandum: Defendant appeals from a judgment of divorce, dated March 9, 1977, dismissing his counterclaim for divorce and granting divorce in favor of plaintiff, his former wife, and granting plaintiff $30 per week in alimony, $1,000 in counsel fees, and exclusive possession of the marital residence. We find support in the record for the grant of a divorce based on defendant's cruel and inhuman treatment, and dismissal of his counterclaim, as well as for the award of alimony in the sum of $30 per week and counsel fees of $1,000. On the argument of the appeal, both parties stipulated in open court that the marital residence be sold and the proceeds divided equally between the parties. (See Sharer v Sharer, 60 A.D.2d 780.) Accordingly, the judgment should be modified by substituting for the sixth decretal paragraph the provision that the marital residence be sold and the proceeds divided equally between the parties.

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LA PORTE v. LA PORTE
(Jan 13, 1978)