Daye v. Daye

Order unanimously affirmed with costs. Memorandum: Respondent appeals from an order of Family Court which modified a prior settlement agreement and judgment of divorce to extend indefinitely respondent’s obligation to pay petitioner maintenance of $50 per week. By the terms of the *964agreement and divorce decree, respondent’s maintenance obligation was originally limited to 18 months’ duration. On appeal, respondent contends that the separation agreement was incorporated but not merged into the divorce decree; that there was no fraud or misrepresentation in connection with the separation…