From Casetext: Smarter Legal Research

Bambinelli v. Bambinelli

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 2000
269 A.D.2d 344 (N.Y. App. Div. 2000)

Opinion

Submitted December 15, 1999

February 10, 2000

In a matrimonial action in which the parties were divorced by a judgment dated April 20, 1998, the plaintiff appeals from an order of the Supreme Court, Orange County (Murphy, J.), dated February 11, 1999, which denied her motion, inter alia, for leave to enter a judgment for child support arrears.

Levinson, Zeccola, Reineke, Ornstein Selinger, P.C., Central Valley, N.Y. (David Levinson of counsel), for appellant.

Thomas G. Farrell, Middletown, N.Y., for respondent.

LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN.


DECISION ORDER


ORDERED that the order is affirmed, with costs.

We agree with the Supreme Court that the parties' stipulation of settlement, read as a whole, reflects their intention that the defendant's child support obligation for their two children would be $5,000 a month for the two-year period commencing September 1, 1997, unless the older daughter attended college. In that event, the defendant's child support obligation would be reduced to $2,100 per month.

Contrary to the plaintiff's contention, the terms of the stipulation of settlement govern (see, Tinter v. Tinter, 96 A.D.2d 556 ). Accordingly, since the defendant complied with the terms of the stipulation, the Supreme Court properly denied the plaintiff's motion.


Summaries of

Bambinelli v. Bambinelli

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 2000
269 A.D.2d 344 (N.Y. App. Div. 2000)
Case details for

Bambinelli v. Bambinelli

Case Details

Full title:MARY L. BAMBINELLI, appellant, v. ROBERT BAMBINELLI, respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 10, 2000

Citations

269 A.D.2d 344 (N.Y. App. Div. 2000)
702 N.Y.S.2d 863