Willette v. Willette
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Peters, J.P.
Appeal from an order of the Supreme Court (Nolan, Jr., J), entered May 3, 2007 in Saratoga County, which *754denied plaintiffs motion to enforce the terms of the parties’ separation agreement.
In October 1998, while the parties were married, defendant withdrew $19,583.61 from his 401 (k) deferred compensation plan established with his then employer, Grand Union. Approximately six months later, the parties entered into a separation agreement which was incorporated, but not merged, into a subsequent judgment of divorce. As relevant here, the separation agreement provides that plaintiff…
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