Opinion
CAF 16–01431 155
02-09-2018
In the Matter of Lucille A. SOLDATO, Commissioner, Oneida County Department of Social Services, Assignee, on Behalf of Anita Pieber, Petitioner–Respondent, v. John W. FEKETA, Respondent–Appellant.
PETER J. DIGIORGIO, JR., UTICA, FOR RESPONDENT–APPELLANT.
PETER J. DIGIORGIO, JR., UTICA, FOR RESPONDENT–APPELLANT.
PRESENT: CENTRA, J.P., CARNI, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER
Memorandum:
Respondent father appeals from an order confirming the determination of the Support Magistrate that he willfully violated a prior child support order. The order also directed that the father be incarcerated for a period of six months. At the confirmation hearing, the mother testified that she was agreeable to a resolution whereby the father, who owed approximately $26,000 in arrears, would make a $3,000 child support payment to the mother that morning; he would make the required future monthly child support payments from the construction job he had recently acquired; and he would receive a suspended sentence of incarceration. Counsel for the father asked Family Court to approve that settlement agreement, which the father, the mother, and petitioner had agreed to that morning. We agree with the father that the court erred in refusing to allow the parties to enter into the settlement agreement (see Keegan v. Keegan, 147 A.D.3d 1417, 1417–1418, 46 N.Y.S.3d 760 [4th Dept. 2017] ). "Stipulations of settlement are favored by the courts and not lightly cast aside" ( Hallock v. State of New York, 64 N.Y.2d 224, 230, 485 N.Y.S.2d 510, 474 N.E.2d 1178 [1984] ; see Matter ofLomanto v. Schneider, 78 A.D.3d 1536, 1538, 911 N.Y.S.2d 531 [4th Dept. 2010] ). "As a general matter, open court stipulations are especially favored by the courts inasmuch as they promote efficient dispute resolution, timely management of court calendars, and the ‘integrity of the litigation process' " ( Keegan, 147 A.D.3d at 1418, 46 N.Y.S.3d 760 ). Under the circumstances of this case, we conclude that the court erred in refusing to allow the parties to settle the matter, and we therefore reverse the order and remit the matter to Family Court for further proceedings. If the parties no longer wish to settle, we direct the court to hold a new confirmation hearing.
It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs and the matter is remitted to Family Court, Oneida County, for further proceedings.