From Casetext: Smarter Legal Research

Abeido v. Abeido

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 2008
54 A.D.3d 330 (N.Y. App. Div. 2008)

Opinion

Nos. 2007-07582, (Docket Nos. V-81-05, V-245-06).

August 5, 2008.

In a custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Supreme Court, Kings County (IDV Part) (Henry, J.), dated June 29, 2007, which denied his motion to vacate an order of the same court dated November 14, 2006, which, upon the consent of both parties, awarded custody of the parties' child to the mother.

Mercedes Neira, New York, N.Y., for appellant. Tilem Campbell, P.C., White Plains, N.Y. (Todd W. Carpenter of counsel), for respondent.

Janet Neustaetter, Brooklyn, N.Y. (Barbara H. Dildine of counsel), attorney for the child.

Before: Mastro, J.P., Dillon, Eng and Belen, JJ.


Ordered that the order is affirmed, with costs.

An oral stipulation entered into by the parties in "open court" is binding (CPLR 2104; see Sontag v Sontag, 114 AD2d 892). "Only where there is cause sufficient to invalidate a contract, such as fraud, collusion, mistake, or accident, will a party be relieved from the consequences of a stipulation made during litigation" ( Sontag v Sontag, 114 AD2d at 893). Here, the mother and father agreed to the order of custody in open court. The Supreme Court specifically informed the father, who was represented by counsel, that the order of custody would be final. The father acknowledged that he was agreeing to it voluntarily. Therefore, the Supreme Court properly denied the father's motion to vacate the order of custody ( cf. Matter of Stefanik v Roberts, 266 AD2d 758).


Summaries of

Abeido v. Abeido

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 2008
54 A.D.3d 330 (N.Y. App. Div. 2008)
Case details for

Abeido v. Abeido

Case Details

Full title:In the Matter of LORRAINE ABEIDO, Respondent, v. MOHSEN ABEIDO, Appellant

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

Date published: Aug 5, 2008

Citations

54 A.D.3d 330 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 6559
863 N.Y.S.2d 64

Citing Cases

MacNeil v. Starr

The record does not reflect what weekend parenting schedule was followed during the summer of 2012. Under…

Kane v. City of N.Y.

It grew out of the frequent conflict between attorneys as to agreements made with reference to proceedings in…