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Matter of Galbo v. Galbo

Appellate Division of the Supreme Court of New York, Second Department
Oct 22, 1990
166 A.D.2d 648 (N.Y. App. Div. 1990)

Opinion

October 22, 1990

Appeal from the Family Court, Westchester County (Lefkowitz, J.).


Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

Since the parties entered into a stipulation, read into the record in open court, providing for the payment of $2,150 in settlement of child support arrears, the appellant's contention that she was nevertheless entitled to a larger sum was properly rejected by the Family Court. We note in this respect that the appellant was represented by counsel at the settlement conference, noted her assent to the terms of the stipulation and, upon being questioned by her own attorney, expressed, in particular, her satisfaction with the $2,150 amount (see, Swanson v. Bryant, 160 A.D.2d 999). Further, while the husband's attorney at the prestipulation conference mentioned that the amount of total arrears was $3,250, an amount slightly less than the total arrears as subsequently calculated by the Westchester County Child Support Collection Unit, there is nothing in the record which suggests that this small difference would have affected the parties' selection of the $2,150 settlement figure or that the parties contemplated a modification of that figure premised upon any subsequent calculation made by the Collection Unit.

Finally, the Family Court properly construed the stipulation as contemplating the payment of child support upon the resumption of the father's visitation, which was to occur in early January 1989. Lawrence, J.P., Kooper, Harwood and Balletta, JJ., concur.


Summaries of

Matter of Galbo v. Galbo

Appellate Division of the Supreme Court of New York, Second Department
Oct 22, 1990
166 A.D.2d 648 (N.Y. App. Div. 1990)
Case details for

Matter of Galbo v. Galbo

Case Details

Full title:In the Matter of GIOVANNI GALBO, Respondent, v. ANNA M. GALBO, Appellant…

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

Date published: Oct 22, 1990

Citations

166 A.D.2d 648 (N.Y. App. Div. 1990)
560 N.Y.S.2d 975