Healy v. Healy

Appeal (transferred to this court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Burchell, J.H.O.), entered August 3, 1989 in Rockland County, which, inter alia, denied plaintiffs cross motion for counsel fees and sanctions.

In May 1987, plaintiff and defendant were divorced pursuant to a judgment which incorporated but did not merge the terms of the parties’ earlier separation agreement. Nearly two years later, defendant moved, inter alia, to vacate and set aside the financial provisions of the judgment of divorce upon *688the grounds that the…