Meilak v. Meilak

Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered April 18, 1984 in Albany County, which, inter alia, denied defendant’s motion for *976execution of a proposed judgment pursuant to CPLR 9002 and granted plaintiff’s cross motion to dismiss the prior action.

In 1977, plaintiff sued defendant for divorce on the ground of cruel and inhuman treatment. At a hearing held in June 1977, the parties appeared and a stipulation on child custody, child support, alimony and property distribution was read into the record. Defendant then withdrew his answer, and the hearing…