Opinion
December 11, 1989
Appeal from the Supreme Court, Rockland County (Weiner, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant's contention that the plaintiff was required to maintain a plenary action to obtain enforcement of certain financial provisions of the parties' stipulation of settlement is without merit. Although the "incorporation by reference" language contained in the proposed judgment of divorce was stricken before the judgment was signed (see, Domestic Relations Law § 244), such language was unnecessary here, as the judgment of divorce contained decretal paragraphs embodying the financial provisions of the stipulation which the plaintiff now seeks to enforce in the confines of this matrimonial action (cf., Baker v Baker, 66 N.Y.2d 649).
Moreover, the defendant's claim for expenses incurred by him as the result of the plaintiff's allegedly improper failure to vacate the former marital residence was properly denied, as the judgment of divorce contains no provision authorizing the payment of such expenses.
We have considered the defendant's remaining contentions and find them to be without merit. Brown, J.P., Lawrence, Eiber and Spatt, JJ., concur.