Opinion
June 1, 1993
Appeal from the Supreme Court, New York County (Elliott Wilk, J.).
As defendant failed to sustain his burden of proving by clear and convincing evidence that the parties' separation agreement is manifestly unfair and is the result of plaintiff's overreaching, the court properly upheld the agreement as valid and enforcible (Christian v. Christian, 42 N.Y.2d 63). Further, as child support was resolved pursuant to the separation agreement which was executed prior to the effective date of the Child Support Standards Act (Domestic Relations Law § 240 [1-b]), the statute is inapplicable.
Concur — Carro, P.J., Ellerin, Wallach, Ross and Rubin, JJ.