- SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
- Jan 25 2013 (Date Decided)
- Rivera, J.P.; Leventhal, Hall and Román, JJ.
DAVID BRUCE MCMAHAN, res, v. ELENA MCMAHAN, ap — (INDEX NO. 399/05)In a matrimonial action in which the parties were divorced by judgment dated July 20, 2009, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Colangelo, J.), dated May 22, 2012, as denied, without a hearing, those branches of her motion which were to modify the parties' stipulation of settlement, which was incorporated but not merged into the judgment of divorce, so as to prohibit the plaintiff from relocating to Florida with the children, and to remove the attorney for the children.