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Jentilucci v. Jentilucci

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 2003
1 A.D.3d 567 (N.Y. App. Div. 2003)

Opinion

2002-09589.

Submitted October 17, 2003.

November 24, 2003.

In an action for divorce and ancillary relief, the defendant appeals, as limited by his brief, from stated portions of a judgment of the Supreme Court, Westchester County (Scancarelli, J.), dated September 9, 2002, which, inter alia, upon the parties' stipulation of settlement, awarded the plaintiff maintenance in the sum of $100 per week for a period of 15 years, and child support in the sum of $164 per week.

Gilberg Gilberg, Chappaqua, N.Y. (Michael H. Gilberg of counsel), for appellant.

Miano Colangelo, White Plains, N.Y. (Arlene S. Colangelo of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., DANIEL F. LUCIANO, ROBERT W. SCHMIDT and BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the appeal is dismissed, with costs.

The judgment of divorce incorporated but did not merge with the parties' stipulation of settlement. On appeal, the defendant asserts, among other things, that there was an error in computing his child support obligation, and that portions of the stipulation resulted from fraud.

A party may not appeal from a judgment entered upon a stipulation ( see Baecher v. Baecher, 95 A.D.2d 841). The defendant's proper remedy concerning the propriety of the parties' settlement is a motion in the Supreme Court to set aside the stipulation ( see Hopkins v. Hopkins, 97 A.D.2d 457).

SANTUCCI, J.P., LUCIANO, SCHMIDT and COZIER, JJ., concur.


Summaries of

Jentilucci v. Jentilucci

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 2003
1 A.D.3d 567 (N.Y. App. Div. 2003)
Case details for

Jentilucci v. Jentilucci

Case Details

Full title:JOANNE JENTILUCCI, Respondent, v. DANIEL JENTILUCCI, Appellant

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

Date published: Nov 24, 2003

Citations

1 A.D.3d 567 (N.Y. App. Div. 2003)
767 N.Y.S.2d 644