Opinion
2014-01601, Docket No. F-713-13.
2015-04-15
In the Matter of Christine STEVENSON, respondent, v. Augusto BLANCO, appellant.
Dillon, J.P., Dickerson, Hall and LaSalle, JJ., concur.
Carol Kahn, New York, N.Y., for appellant. Thomas P. Delpizzo, Poughkeepsie, N.Y., for respondent.
Appeal from an order of the Family Court, Dutchess County (Joseph A. Egitto, J.), dated January 21, 2014. The order denied the father's objections to a prior order of that court (Elaine Greenblatt, S.M.), dated November 1, 2013, which denied his motion to vacate an order entered on consent.
ORDERED that the order dated January 21, 2014, is affirmed, without costs or disbursements.
“ ‘[S]tipulations of settlement, especially those whose terms are placed upon the record in open court, are met with judicial favor. Absent a showing of fraud, overreaching, mistake, or duress, the stipulation should not be disturbed by the court’ ” ( Matter of Woods v. Velez–Shanahan, 308 A.D.2d 593, 594, 765 N.Y.S.2d 517, quoting Wieners v. Wieners, 239 A.D.2d 493, 494, 658 N.Y.S.2d 952; see Matter of Suzuki v. Peters, 12 A.D.3d 612, 784 N.Y.S.2d 393; Natole v. Natole, 256 A.D.2d 558, 559, 682 N.Y.S.2d 864). Contrary to the father's contention, he consented on the record in open court, after conferring with counsel, to the finding of willfulness against him and, therefore, the stipulation should not be set aside ( see Matter of Suzuki v. Peters, 12 A.D.3d at 612–613, 784 N.Y.S.2d 393; Matter of Woods v. Velez–Shanahan, 308 A.D.2d at 594, 765 N.Y.S.2d 517; Natole v. Natole, 256 A.D.2d at 559, 682 N.Y.S.2d 864).
The father's remaining contentions are unpreserved for appellate review, as he failed to raise those issues in his objections before the Family Court ( see Matter of Best v. Hinds, 113 A.D.3d 676, 677, 978 N.Y.S.2d 688; Matter of Betancourt v. Betancourt, 71 A.D.3d 764, 765, 895 N.Y.S.2d 739; Matter of Forman v. Frost, 67 A.D.3d 908, 909, 888 N.Y.S.2d 218; Matter of Primus v. Mason–Primus, 63 A.D.3d 743, 744, 879 N.Y.S.2d 732).